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IN RE ESTATE OF SOENGEN

No. 32436.

412 S.W.2d 533 (1967)

In the Matter of the ESTATE of Emma SOENGEN, Deceased. Ben KOSTEDT, Legatee, Appellant, v. Carrie WIPKE, Executrix of the Estate of Emma Soengen, Deceased, Respondent.

St. Louis Court of Appeals, Missouri.

February 21, 1967.

Attorney(s) appearing for the Case

Robert E. Staed, St. Louis, John W. Waller, Sullivan, for appellant.

Walter H. Pollmann, St. Louis, Hale W. Brown, Kirkwood, for respondent.

BRADY, Commissioner.

Considered upon the merits the issue presented by this appeal is whether "Item Fourth" of the last will and testament of Emma Soengen creates a trust in the amount of $10,000.00 for the benefit of her brother, the appellant, or if it constitutes an outright bequest to him of that sum. The probate court of St. Louis County held in favor of appellant, construed Item Fourth as an outright bequest, and its order of final distribution directed the...

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