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MERCANTILE TRUST COMPANY NATIONAL ASS'N v. JAEGER

No. 54395.

457 S.W.2d 727 (1970)

MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION and Mary Anne O'Brien as Co-Trustees Under the Last Will and Testament of Jacob L. Babler, Deceased, Plaintiffs-Respondents, v. Joseph JAEGER, Jr., Director of Parks of the State of Missouri, Conn C. Winfrey, Member and Chairman of the Missouri State Park Board, Charles Tye Evans, Robert M. Wolpers, Carter V. Blanton, Hubert E. Lay, and Gerald B. Rowan, Members of the Missouri State Park Board, William E. Robinson, Treasurer of the State of Missouri, John C. Danforth, Attorney General of the State of Missouri, Defendants-Appellants. STATE of Missouri ex rel. John C. DANFORTH, Attorney General, Plaintiff-Appellant, v. MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION, a Corporation, and Mary Anne O'Brien, Co-Trustees of the Testamentary Trust Under the Will of Jacob L. Babler, Deceased, Defendants-Respondents.

Supreme Court of Missouri, En Banc.

Rehearings Denied September 14, 1970.

Attorney(s) appearing for the Case

Thompson, Mitchell, Douglas, Neill & Guerri, James M. Douglas, William G. Guerri, Richard W. Metz, Lawrence E. Young, St. Louis, for respondent, Mercantile Trust Company National Association.

John Grossman, St. Louis, for respondent Mary Anne O'Brien.

Aubuchon & Walsh, Eugene P. Walsh, St. Louis, for Joseph Jaeger, Jr., Director of Parks of the State of Missouri; Conn C. Winfrey, Member and Chairman of the Missouri State Park Board; Charles Tye Evans, Robert M. Wolpers, Carter V. Blanton, Hubert E. Lay and Gerald B. Rowan, Members of the Missouri State Park Board.

John C. Danforth, Atty. Gen., of Missouri, Louren R. Wood, Asst. Atty. Gen., of Missouri, Jefferson City, for William H. Robinson, Treasurer of the State of Missouri, and John C. Danforth, Attorney General of the State of Missouri.

HOLMAN, Judge.

At the termination of the testamentary trust established by the will of Jacob L. Babler, deceased, a dispute arose between the co-trustees of the trust estate and the Attorney General, representing the State of Missouri (beneficiary of the trust), with respect to the amount of compensation due the trustees. On July 7, 1966, the trustees filed a declaratory judgment suit seeking an adjudication of the disputed question, and later the same day the Attorney...

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