STATE EX REL. SCHAPER v. STUSSIE

No. 34648.

487 S.W.2d 49 (1972)

The STATE of Missouri upon the relation of Bernard C. SCHAPER, Successor Trustee of the Trust Created under the Will of Anna B. Fruend, Deceased, et al., Relators, v. Honorable Harry J. STUSSIE, Judge of the Circuit Court, Division No. 2, of the County of St. Louis, Respondent.

Missouri Court of Appeals, St. Louis District.

November 7, 1972.


Attorney(s) appearing for the Case

Nations & Yocum, Clayton, for relators.

Edward J. Houlihan, Clayton, Carter, Bull, Baer, Presberg & Lee, John C. Sweeney, Jules Q. Strong, St. Louis, for respondent.


SMITH, Judge.

This is an original proceeding in prohibition seeking to prevent respondent judge from proceeding to trial in an equity case until an accounting has been had. We issued our preliminary writ but after oral argument issued our order quashing our preliminary writ with this opinion to follow.

Under the Will of Anna B. Fruend, Jerome E. Jacobsmeyer acted as testamentary trustee until his death on December 1, 1968. Edward J. Houlihan is the executor...

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