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YEAGER v. JOHNS

No. 56169.

484 S.W.2d 211 (1972)

Katherine Cromwell YEAGER, a/k/a Katherine Jane Babini, Plaintiff-Respondent, v. Marie K. JOHNS, Executrix of the Estate of Sadie Donahoe, Deceased, et al., Defendants-Appellants, Mary Katherine Elders and Nancy L. Love, Executrix of the Estate of Mary Donahoe Love, Deceased, Defendants-Respondents.

Supreme Court of Missouri, Division No. 1.

September 11, 1972.

Attorney(s) appearing for the Case

Eugene E. Northern, John Z. Williams, Northern, Williams & Smallwood, Rolla, for respondent, Katherine Cromwell Yeager.

John C. Danforth, Atty. Gen., B. J. Jones, Asst. Atty. Gen., Jefferson City, for appellant Attorney General.

William Duke Hiett, Houston, Cullen Coil, Jefferson City, for Respondent, Nancy L. Love; Carson, Inglish, Monaco & Coil, Jefferson City, of counsel.

Bernard J. Huger, William O. Cramer and Bernard C. Huger, St. Louis, for Reverend H. J. Lambert.

Weldon W. Moore, Rolla, for Marie K. Johns, executrix.

HIGGINS, Commissioner.

Appeal from declaratory judgment that the residuary clause of a will purporting to create a charitable trust was invalid and void, and order of distribution of residuary estate in excess of $50,000 to heirs at law of the testatrix.

The pertinent facts are undisputed.

Sadie Donahoe, a/k/a Sarah Blanche Donahoe, died testate August 17, 1968, and her residuary estate after payment of debts and legacies is in excess of $50,000.<...

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