ST. LOUIS UNION TRUST CO. v. BETHESDA GENERAL HOSP.

No. 54161.

446 S.W.2d 823 (1969)

ST. LOUIS UNION TRUST COMPANY, a Corporation as Trustee of the Residuary Estate Created by the Will of Laura Watters Kirsch, Respondent, v. BETHESDA GENERAL HOSPITAL (Also Known as the Governing Board of Bethesda General Hospital), a Corporation, Ethel Neal (Individually and as class representative), Richard J. Watters (individually and as class representative), Laura Cutler Fortner, Helene Fish Wallace, and the unknown heirs, grantees and successors of Laura Watters Kirsch, Deceased, Appellants.

Supreme Court of Missouri, Division No. 2.

November 10, 1969.


Attorney(s) appearing for the Case

Shepley, Kroeger & Hecker, Harry W. Kroeger, and Arthur B. Shepley, Jr., St. Louis, for plaintiff-respondent.

Barksdale, Abbott, Adams & Wallace, Clarence M. Barksdale, Clayton, for appellant, Bethesda General Hospital.

Lon Hocker, St. Louis, for Unknown Heirs.

Hocker, Goodwin & MacGreevy, St. Louis, of counsel.


LAURANCE M. HYDE, Special Commissioner.

Action by trustee of a trust estate, created by the Will of Mrs. Laura Watters Kirsch, to construe its trust provisions. The corpus eventually goes to defendant Bethesda General Hospital. The issue here is the disposition of the trust income in excess of the amount required to pay designated annuitants, trustee's fees and administration expenses. The trial court found this excess income became part of the corpus and that this...

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