Carl G. STIFEL et al., Plaintiffs-Respondents,
v.
Thomas P. BUTCHER et al., Defendants,
Donald Gunn, Jr., Guardian Ad Litem for Karen Louise Murphy, et al., Appellants.
Supreme Court of Missouri, Division No. 1.https://leagle.com/images/logo.png
September 11, 1972.
As Modified on Denial of Rehearing November 13, 1972.
Attorney(s) appearing for the Case
Samuel C. Ebling, St. Louis, for plaintiffs-respondents.
Forrest M. Hemker, Greensfelder, Hemker, Wiese, Gale & Chappelow, St. Louis, for Thomas P. Butcher, Walter Whitmore Butcher and Mary Louise Butcher Boertman, defendants-respondents.
Husch, Eppenberger, Donohue, Elson & Cornfeld, Benjamin Uchitelle, Francis M. Oates, St. Louis, for defendants-appellants, realigned-respondents, Steven Whitmore Butcher and Jeffrey Ross Butcher.
Frank P. Motherway, St. Louis, for above named defendants-respondents and for all unknown or unborn persons claiming any right, title or interest by or through the will of Charles H. Peck or who derive or claim to derive their respective right, title, claim or interest as heirs, devisees, grantees, assignees, successors or descendants of Charles H. Peck, deceased, or any of his descendants or any of the above named defendants-respondents.
Peper, Martin, Jensen, Maichel and Hetlage, Warren R. Maichel, St. Louis, for defendants-appellants, realigned-respondents, Nancy Sue Butcher Thompson, Mary Elizabeth Butcher and John Keimig Butcher, a minor.
C. Perry Bascom, Bryan, Cave, McPheeters & McRoberts, St. Louis, guardian ad litem and counsel for defendant-appellant, realigned-respondent Danika Marie Butcher, a minor.
Donald Gunn, Jr., St. Louis, guardian ad litem for Karen Louise Murphy, a minor, Barbara Lynne Murphy, Deborah Lee Murphy, Robby Vaughn Johnston, Roberta Ann Johnson, Roger Drew Lenthe, Susan Dillaine Lenthe, Stephen Dirk Lenthe, Gene Anne Lenthe, Nan Travis Scogin, Jan Roland Scogin, Robert Cruse Scogin, Jeffrey Robert Peck, Karen Louise Dworsack, Fannie Lee Peck, Barbara Ann Peck, Warren Allen Peck, Constance Jean Peck and Carol Peck, Gunn & Gunn, St. Louis, of counsel.
Supreme Court of Missouri, Division No. 1.
WELBORN, Commissioner.
Action to construe testamentary trust.
Charles H. Peck, a resident of St. Louis, executed his will, drawn by him, July 15, 1897. Peck died July 3, 1899, and his will was probated. The will created a trust, and this action is concerned, primarily, with the distribution of the trust income under Clause Sixteenth of his will, reading as follows:
"Sixteenth: For and during the life of the last surviving one of my descendants that...
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