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BENNETT v. TOWER GROVE BANK AND TRUST COMPANY

No. 53748.

434 S.W.2d 560 (1968)

W. Gansel BENNETT, Paul L. Bennett, Aubrey (Tobe) Bennett, and Lois Jeanne Bennett, Appellants, v. TOWER GROVE BANK AND TRUST COMPANY, Roselle M. Bennett, Co-Executors of the Estate of Foster L. Bennett, Deceased, and Tower Grove Bank and Trust Company, Trustee Under the Will of Foster L. Bennett, Deceased, Respondents.

Supreme Court of Missouri, Division No. 1.

December 9, 1968.

Attorney(s) appearing for the Case

Robert L. Schneider and Anthony M. Gioia, Crowe, Schneider, Gioia & Litz, St. Louis, for appellants.

William M. Van Cleve, Edward T. Foote, St. Louis, for respondents; Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.

WELBORN, Commissioner.

Action to terminate a testamentary trust for the reason that the life beneficiary transferred her interest in the trust to the remaindermen. The court below refused to decree termination and the remaindermen and life tenant appeal.

This case was submitted on an agreed statement of facts, showing the following:

Foster L. Bennett died July 1, 1966 and left surviving him, his wife, Roselle M. Bennett, a daughter, Lois Jeanne Bennett...

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