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CROSS v. CROSS

Nos. KCD 27793 and KCD 27802.

559 S.W.2d 196 (1977)

Robert Roy CROSS, Lyman Field and Columbia Union National Bank and Trust Company, Co-Executors of the Will and Estate of Matthew Forbes Cross, Annette Cross Murphy and Columbia Union National Bank and Trust Company, Co-Trustees Under the Will of Mary Forbes Cross, Deceased, Michael Roy Cross, Karen Kathleen Cross, Plaintiffs-Respondents, v. Walter M. CROSS III, Kent Forbes Cross Rigsby, Evelynn R. Cross and Cross Foundation, Inc., a Missouri Corporation, Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied December 5, 1977.

Application to Transfer Denied January 9, 1978.

Attorney(s) appearing for the Case

Gene F. Reardon, Reardon, Reardon & Reardon, Denver, Colo., H. George Lafferty, Jr., Kansas City, for defendant-appellant, Walter M. Cross, III.

Milton S. Bartholomew, Knepper, White, Richards & Miller, Columbus, Ohio, James F. Duncan, Watson, Ess, Marshall & Enggas, Kansas City, for defendant-appellant, Kent Forbes Cross Rigsby.

Lyman Field, Rogers, Field, Gentry, Benjamin & Robertson, Kansas City, for plaintiffs-respondents.

Before SWOFFORD, C. J., and SHANGLER, DIXON, PRITCHARD, WASSERSTROM, SOMERVILLE, and TURNAGE, JJ.

DIXON, Judge.

The protagonists in this appeal are family members disputing the interpretation to be afforded a will. The action was brought by plaintiffs-trustees for the construction of the will of Matthew Forbes Cross and of the testamentary trust of Mary Forbes Cross. Robert Roy Cross is a son of Matthew. The defendants are Walter M. Cross, III, a son of Matthew, and Kent Forbes Cross Rigsby, a paternal grandson, whose father predeceased Matthew, after which Kent...

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