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McMENOMY v. WILLIFORD

No. KCD 27090.

526 S.W.2d 880 (1975)

Sarah Frances McMENOMY, Appellant, v. Carl WILLIFORD, Executor of the Estate of Bertha Florence Duvall, Deceased, and as an Individual legatee, and as Trustee, et al., Respondents.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied September 2, 1975.

Application to Transfer Denied October 13, 1975.

Attorney(s) appearing for the Case

W. V. Mayse, Bethany, for appellant.

John M. Gerlash, Tarkio, Walter L. Mulvania, Rock Port, for respondents, Carl Williford, etc.

John C. Danforth, Atty. Gen., Daniel P. Card, II, B. J. Jones, Asst. Attys. Gen., Jefferson City, for defendant-respondent Atty. Gen.

Before SWOFFORD, P. J., and WELBORN and HIGGINS, Special Judges.

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from declaratory judgment that the residuary clause of a will created a charitable trust.

Bertha Florence Duvall died testate January 7, 1973. Article I of her will provides for payment of debts and expenses; Article III is a bequest to her granddaughter and sole surviving heir, plaintiff Sarah Frances McMenomy; Articles II, IV, V, VI, VII, VII(a), and VIII are similar bequests to defendants-legatees; and Article...

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