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FIRST NAT. BANK OF KANSAS CITY v. WHEELER

No. KCD 28589.

557 S.W.2d 639 (1977)

The FIRST NATIONAL BANK OF KANSAS CITY, Trustee, Plaintiff, v. Frances Suzanne Duke WHEELER, Defendant-Respondent, and The Unknown and Unborn Issue of Frances Suzanne Duke Wheeler, William Richard Scott, Suzanne Frances Scott, the Unknown and Unborn Issue of Frances Suzanne Duke Wheeler other than children, Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

Rehearing Denied November 7, 1977.

Attorney(s) appearing for the Case

David M. Claycomb, James, Odegard & Millert, Jesse L. Childers, Kansas City, for defendants-appellants.

William L. Turner, Eugene C. Hall, Michael J. Gallagher, Gage & Tucker, Kansas City, for defendant-respondent.

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

ANDREW JACKSON HIGGINS, Special Judge.

Action by First National Bank for declaratory judgment determining, inter alia, whether an instrument, purporting to be a trust indenture purportedly executed by defendant Frances Suzanne Duke Scott (Wheeler) created a trust with plaintiff as trustee of her interest, as remainderman, in the assets of H. B. Duke testamentary trust. Appeal from summary judgment which declared that such purported trust failed, and ordered...

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