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TELLER v. KAUFMAN

No. 19620.

426 F.2d 128 (1970)

Emanuel TELLER, Appellee, v. Lee I. KAUFMAN and Jeane K. Susman, Appellants.

United States Court of Appeals, Eighth Circuit.

April 30, 1970.

Attorney(s) appearing for the Case

Gerald A. Rimmel, Susman, Willer, Rimmel & Elbert, St. Louis, Mo., for appellants.

Hugo M. Walther, Thompson, Walther & Shewmaker, St. Louis, Mo., for appellee; Landman Teller, Teller, Biedenhard, Rogers & Marcus, Vicksburg, Miss., were with him on the brief.

Before MATTHES, BLACKMUN and BRIGHT, Circuit Judges.

BLACKMUN, Circuit Judge.

In this diversity case we are called upon to construe the trust provisions, particularly Article II C(2), of the last will and testament dated February 27, 1957, of Nora Kaufman, deceased. Miss Kaufman, a single woman in her seventies, died in 1959 domiciled in Missouri and without issue.1

When the testatrix' will was executed in February 1957, there were then living (a) Lee I. Kaufman and Jeane K. Lewin...

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