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COMMERCE TRUST COMPANY v. DUDEN

No. KCD 26714.

523 S.W.2d 97 (1975)

COMMERCE TRUST COMPANY and Roy P. Swanson, Co-Trustees, Respondents, v. Robert W. DUDEN et al., Respondents, Dennis Vandever Hughes, Appellant, Unborn and unknown children of Robert W. Duden and Daniel F. Duden, Repondents.

Missouri Court of Appeals, Kansas City District.

May 5, 1975.

Attorney(s) appearing for the Case

Donald G. Stubbs, Steven J. Borel, Stubbs, Epstein & Mann, Kansas City, for appellant Dennis Vandever Hughes.

Norman M. Arnell, Kansas City, for respondents Robert W. Duden, Beverly Duden Stacey, Michael R. Duden and Dana R. Duden; Margolin & Kirwan, Kansas City, of counsel.

Before SOMERVILLE, P. J., PRICHARD, C. J., and TURNAGE, J.

SOMERVILLE, Presiding Judge.

The co-trustees of an inter vivos trust, insofar as pertinent to this appeal, brought a declaratory judgment action seeking judicial determination of the intent of the settlor with respect to certain language employed in the trust agreement. The case is one of first impression in this state since the junctional issue is whether a child of one of settlor's sons who was lawfully adopted by another person was intended by the settlor to be...

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