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PROCTOR v. JACOBS

Nos. 54943, 55027.

472 S.W.2d 609 (1971)

Richard H. PROCTOR and W. W. Sleater, Trustees under the Will of Mary A. Moehle, Deceased, Plaintiffs-Appellants, v. Marcia JACOBS et al., Defendants-Respondents. John A. Joyce, Guardian ad litem for Kenneth Pautler and Michael Pautler, Minors, Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied November 8, 1971.

Attorney(s) appearing for the Case

W. W. Sleater, St. Louis, for appellants.

Newmark & Baris, Irl B. Baris, Leonard J. Frankel, St. Louis, for respondents, Marcia Jacobs and Richard Jacobs.

Motion for Rehearing or for Transfer to Court En Banc Denied November 8, 1971.

FINCH, Chief Justice.

The decisive question presented is whether the present appeal is premature. We hold that it is and reverse and remand for that reason.

Plaintiffs were named in the will of Mary A. Moehle, deceased, as trustees of a trust created by that will. Under the trust provisions the husband of testatrix was to receive the income for life, after which the trustees...

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