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MERCANTILE TR. CO. NAT. ASS'N v. SHRINERS' HOSP., ETC.

Nos. 37437, 37436.

551 S.W.2d 864 (1977)

MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION and First National Bank of Joplin, Co-Trustees under the Last Will and Testament of Corry T. Meeker, Deceased, Plaintiff-Respondents, v. SHRINERS' HOSPITAL FOR CRIPPLED CHILDREN, Defendant-Appellant, and The Missouri Society for Crippled Children, Incorporated, Defendant-Cross Appellant, and John C. Danforth, Attorney General of the State of Missouri, Defendant.

Missouri Court of Appeals, St. Louis District, Division Four.

Motion for Rehearing or Transfer Denied June 9, 1977.

Application to Transfer Denied July 11, 1977.

Attorney(s) appearing for the Case

Herbert W. Ziercher, Ziercher, Hocker, Tzinberg, Human & Michenfelder, Clayton, for appellant.

Thompson & Mitchell, David F. Ulmer, St. Louis, Spencer Scott & Dwyer, John W. Scott and Frederick H. Laas, Joplin, for respondents.

Wilder Lucas, Lucas & Murphy, St. Louis, for cross appellant.

John C. Danforth, Atty. Gen., B. J. Jones, Asst. Atty. Gen., Jefferson City, for defendant.

ALDEN A. STOCKARD, Special Judge.

By his will, Corry T. Meeker, who died in 1950, created a trust in which he provided for the payment of annuities to certain of his relatives during their life, all of whom are now deceased, and that the remaining income be applied and distributed, pursuant to Article XVII, Paragraph Seventh, as follows:

(a) Twenty-five per cent (25%) thereof shall be retained by my trustees and added to the principal of the trust, and

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