VOGEL v. MERCANTILE TRUST COMPANY NATIONAL ASS'N

No. 57566.

511 S.W.2d 784 (1974)

Carl A. VOGEL, Jr., a minor, by Marian K. Vogel, his next friend, and Dorothea Vogel Pitt, Appellants, v. MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION, a corporation, and Marcella Marie Frances Vogel Voltz, Respondents.

Supreme Court of Missouri, Division No. 2.

July 22, 1974.


Attorney(s) appearing for the Case

Claude W. McElwee, Claude W. McElwee, Jr., McElwee & McElwee, St. Louis, for appellants.

Thompson, Mitchell, Douglas, Neill, Guerri & Elbert, William G. Guerri, Lawrence E. Young, St. Louis, for respondent Mercantile Trust Co. Nat. Assn.

Lashly, Caruthers, Rava, Hyndman & Rutherford, Paul B. Rava, St. Louis, for respondent Marcella Marie Frances Vogel Voltz.


HENRY I. EAGER, Special Commissioner.

This action involves primarily a construction of § 514, RSMo 1919, generally referred to as the "pretermitted heir" statute. It was substantially amended in 1955 and now appears as § 474.240, RSMo 1969, V.A.M.S. We are not concerned with the amendment. The statute involved here reads as follows: "If any person make his last will, and die, leaving a child or children, or descendants of such child or children in case of...

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