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MARCH v. GERSTENSCHLAGER

No. 53488.

436 S.W.2d 6 (1969)

Mary Allene MARCH, Respondent, v. Arnold Laclede GERSTENSCHLAGER, Individually, Arnold Laclede Gerstenschlager, as Trustee for Plaintiff, Mary Allene March, St. Francois County Building and Loan Association, a Corporation, and J. O. Swink, as Trustee under Deed of Trust for St. Francois County Building and Loan Association, a Corporation, Appellants.

Supreme Court of Missouri, Division No. 1.

January 13, 1969.

Attorney(s) appearing for the Case

James H. Connor, Jr., St. Louis, and Harold L. Satz, Theodore D. Ponfil, Satz & Ponfil, St. Louis, for respondent Mary Allene March.

Robert A. Mcllrath, Flat River, for appellants.

HIGGINS, Commissioner.

Action in equity to establish a trust in real estate.

Respondent contends that this appeal should be dismissed because it contains allegations of error which were not preserved for review by a motion for new trial; however, under Civil Rule 73.01(d), V.A.M.R., no motion for new trial is necessary for an appellate review of a court-tried case, Russell v. Russell, Mo., 427 S.W.2d 471, 475 [1, 2], and...

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