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RANKEN-JORDAN HOME v. DRURY COLLEGE

No. 54346.

449 S.W.2d 161 (1970)

The RANKEN-JORDAN HOME FOR CONVALESCENT CRIPPLED CHILDREN, Plaintiff-Respondent, v. DRURY COLLEGE, an Educational Corporation, Defendant-Appellant. Mercantile Trust Company National Association, as Sole Trustee Under the Mary A. L. Ranken Jordan Inter Vivos Trust and Under the Ettie Amelia Jordan Inter Vivos Trust, and as Co-Trustee Under the Will of Lewis Wilkins Hyer, Deceased; Robert M. Good, President of the Board of Trustees of The School of the Ozarks, as Co-Trustee Under the Will of Lewis Wilkins Hyer, Deceased; M. Graham Clark, President of The School of the Ozarks, as Co-Trustee Under the Will of Lewis Wilkins Hyer, Deceased; and Norman H. Anderson, Attorney General of the State of Missouri, Defendants-Respondents.

Supreme Court of Missouri, Division No. 1.

January 12, 1970.

Attorney(s) appearing for the Case

John H. Lashly, Paul B. Rava, Lashly, Caruthers, Rava, Hyndman & Rutherford, St. Louis, Mo., for plaintiff-respondent.

Farrington, Curtis & Strong, Jack S. Curtis, Springfield, Mo., for defendant-appellant, Drury College.

Thompson, Mitchell, Douglas, Neill & Guerri, Richard W. Metz, St. Louis, Mo., for defendants-respondents trustees.

HOUSER, Commissioner.

Declaratory judgment action by The Ranken-Jordan Home for Convalescent Crippled Children, a nonprofit pro forma decree charitable corporation, seeking a judicial construction of the terms of three trust indentures naming The Home as beneficiary and judicial approval of a plan for broadening the scope of its activities. The named defendants are the trustees of the three trusts, the Attorney General and Drury College, an alternate or contingent...

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