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SMITH v. SMITH

No. WD 30965.

600 S.W.2d 666 (1980)

Robert Lee SMITH, Individually and as Trustee under a certain Deed in Trust of Dixie Smith Johnson, Settlor, Plaintiff-Appellant, v. Sharon SMITH, Robert Lee Smith, Jr., Missouri Baptist Orphans Home, Home for Aged Baptist at Ironton, Missouri, First Baptist Church of Clinton, Missouri, Defendants-Respondents.

Missouri Court of Appeals, Western District.

June 9, 1980.

Attorney(s) appearing for the Case

Kelso Journey, Clinton, for plaintiff-appellant.

Robert L. Cox, Clinton, for defendantsrespondents.

Before KENNEDY, P. J., and SWOFORD and PRITCHARD, JJ.

KENNEDY, Presiding Judge.

The facts of this case are agreed upon by the parties and are simply stated.

Ella Pearl Smith died March 25,1941, and her will was admitted to probate in Henry County Missouri, on April 4, 1941.

By said will she left two tracts of real estate to plaintiff Robert L. Smith for life; "then to Robert L. Smith's children as remaindermen, absolutely ... If Robert L. Smith leaves no descendants, then in equal shares to the following...

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