COMFORT v. HIGGINS

No. 60647.

576 S.W.2d 331 (1978)

Hartley B. COMFORT, Clarence R. Comfort, Viola Comfort, Samuel T. Comfort and Edward W. S. Owens, Plaintiffs-Appellants, v. Jennie C. HIGGINS, Lucia Lee Bates, Dr. James L. DeFoe, Rev. William J. Williamson, Rev. S. H. Wainwright, Rev. J. Layton Mauze, Robert M. Nichols, Trustees, St. Louis Women's Christian Association, a pro forma decree corporation, Memorial Home, Inc., a not-for-profit corporation and John M. Dalton, Attorney General of the State of Missouri, Defendants-Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 13, 1979.


Attorney(s) appearing for the Case

Carroll J. Donohue, Alan B. Hoffman, T. Hartley Pollock, St. Louis, for plaintiffs-appellants.

Norman C. Parker, St. Louis, G. Michael Bauer, Asst. Atty. Gen., Jefferson City, for defendants-respondents.


SEILER, Judge.

This cause was transferred pursuant to Mo.Const., art. V., § 10, and rule 83.01 upon certification by a member of the court of appeals, St. Louis district, that the majority opinion, holding that the settlor of the trust involved herein established the same with a general rather than a specific charitable intent, was in conflict with prior opinions of this court and the court of appeals.1 Portions of the opinion of...

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