STATE EX. REL. HAMMERSTEIN v. HESS

No. 56439.

472 S.W.2d 362 (1971)

STATE ex rel. Robert W. HAMMERSTEIN, Jr., and The American Cancer Society, Missouri Division, Inc. (St. Louis Unit), a Not-For-Profit Corporation, Relators, v. Honorable Philip G. HESS, Judge of the Circuit Court of Jefferson County, Division No. 2, Respondent.

Supreme Court of Missouri, En Banc.

November 8, 1971.


Attorney(s) appearing for the Case

Lupo & Jones, David G. Lupo, St. Louis, for relator, Robert W. Hammerstein, Jr.

Donald S. Hilleary, Clayton, for relator, American Cancer Society, Missouri Division, Inc. (St. Louis Unit), a Not-For-Profit Corporation.

Samuel Richeson, Roland A. Wegmann, Jack C. Stewart, Dearing, Richeson, Roberts & Wegmann, Hillsboro, for Philip G. Hess, Judge.


MORGAN, Judge.

In this original proceeding, relators seek to prohibit respondent judge from proceeding further in Case No. 41,577, now pending in Jefferson County, Missouri.

The record reflects that one Lena M. Kohler created a testamentary trust in 1958 which provided, generally: (1) that the entire net income derived from the trust properties was to be paid in monthly installments to her daughter during the natural...

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