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KANE v. MERCANTILE TRUST CO. NATIONAL ASSOCIATION

No. 57108.

513 S.W.2d 362 (1974)

Margaret Barfield KANE et al., Plaintiffs-Appellants, v. The MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION, a corporation, Executor of the Will of Josephine B. Jones, and The Mercantile Trust Company National Association, a corporation, Trustee of the Trust of Josephine B. Jones, Defendants, and Cardinal Glennon Memorial Hospital for Children, a corporation, and Shriners Hospital for Crippled Children, a corporation, Defendants-Respondents.

Supreme Court of Missouri, Division No. 2.

September 9, 1974.

Attorney(s) appearing for the Case

Tyree C. Derrick, Ronald A. McClary and William L. Weiss, St. Louis, for appellants.

Thompson & Mitchell, John H. Stroh, St. Louis, for respondent Shriners Hospitals for Crippled Children.

Bernard J. Huger, St. Louis, for respondent The Cardinal Glennon Memorial Hospital for Children.

STOCKARD, Commissioner.

This suit invokes a contest of the validity of the Will of Josephine B. Jones. After a previous opinion was adopted a rehearing was granted and the case resubmitted.

Plaintiffs' petition was in two counts and was filed on September 10, 1970, naming the corporate executor and two hospitals as defendants. On December 3, 1970, the two hospitals filed a joint motion to dismiss Count I of the petition, which pertained to the contest of the...

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