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FIRST NATIONAL BANK OF KANSAS CITY v. JACQUES

No. 55233.

470 S.W.2d 557 (1971)

FIRST NATIONAL BANK OF KANSAS CITY, Executor of the Estate of William R. Jacques, Deceased, and Trustee of the Trusts created under the Last Will and Testament of William R. Jacques, Deceased, Respondent, v. Bernice Carrington JACQUES et al., Defendants-Respondents, Virginia Jacques Church et al., Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

September 13, 1971.

Attorney(s) appearing for the Case

Robert C. Richart, Richard W. Mason, Jr., Margolin & Kirwin, Kansas City, for Virginia Jacques Church.

Douglas Stripp, Clayton R. Smalley, Clifford S. Brown, Watson, Ess, Marshall & Enggas, Kansas City, for Bernice Carrington Jacques.

George J. Winger, Madden, Willson & Winger, Kansas City, for Sheldon B. Jacques.

John C. Danforth, Atty. Gen., Wayne H. Hoecker, Asst. Atty. Gen., Jefferson City, for Attorney General.

Alvin D. Shapiro, Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, for John S. Ayres and another.

Jackson A. Wright, T. Richard Mager, Marvin E. Wright, Columbia, for Curators of the University of Missouri.

STOCKARD, Commissioner.

This cause involves (1) the construction of the will of William R. Jacques, deceased, and if a charitable trust was therein created whether the trust failed, and (2) the validity of an antenuptial agreement.

William R. Jacques (hereafter referred to as the "Decedent") died on March 18, 1967, leaving a will which, as amended by codicils, in the parts here material provided as follows:

"ITEM XI—All the rest, residue and...

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