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FIRST NATIONAL BANK OF JOPLIN v. JOHNSON

No. 53646.

431 S.W.2d 65 (1968)

FIRST NATIONAL BANK OF JOPLIN, a National Banking Association, Plaintiff-Respondent, v. Dorothy F. JOHNSON, Defendant-Appellant, John Joseph Newman, Elsa Caroline Newman Southam, and Paul A. Lux, Executor of the Estate of Albert Newman, Deceased, Defendants-Respondents.

Supreme Court of Missouri, En Banc.

September 9, 1968.

Attorney(s) appearing for the Case

Herbert Van Fleet, Joplin, Butler Disman, Herbert Jacob, Kansas City, for respondents, Blanchard & Van Fleet, Joplin, of counsel.

John R. Martin, Joplin, for appellant.

FINCH, Judge.

The First National Bank of Joplin brought a declaratory judgment action seeking a determination of the interests of various claimants under an insurance trust of which the bank was trustee. Opposing claimants to the funds in controversy were Dorothy F. Johnson, divorced wife of Albert Newman, creator of the trust, two children of Newman by a prior marriage, and the executor of Newman's estate. After pleadings were filed, Dorothy F. Johnson filed a motion...

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