COLUMBIA UNION NAT. BANK & TRUST CO. v. BUNDSCHU

No. WD 32992.

641 S.W.2d 864 (1982)

COLUMBIA UNION NATIONAL BANK and TRUST COMPANY, Co-Trustee and Sole Executor of the Estate of Henry A. Bundschu, Deceased, Plaintiff, v. Albert J. BUNDSCHU, Pauline B. Brady, Charles C. Bundschu, Jr., William B. Bundschu, Ellen Whitman Lancaster, Leslie Ransom, Billie Jean Childers, Charles C. Childers, Martin Kent Childers, John Tilson, Charles W. Brady, Anna Brady Sakurai, Louise Brady Collins, and Bundschu Estate Company (Referred to as the Bundschu Heirs), Defendants, Thomas J. Alexander, Defendant, William B. Bundschu, Defendant-Appellant, James A. Tilson, Defendant-Appellant, Rockhurst College, Defendant-Respondent, Avila College, College of St. Theresa of Kansas City, Missouri, Defendant-Respondent, The Catholic Diocese of Kansas City-St. Joseph, the Reverend John J. Sullivan, D.D., Bishop of Kansas City-St. Joseph and John Schmeideler, Superintendent of Schools, The Catholic Diocese of Kansas City-St. Joseph, Defendants-Respondents, Robert Ishmael, Robert V. Burgess, Donna M. Burgess, Donald V. Underwood, Bernard J. Paprocki and Beverly Paprocki (Referred to as the Ishmael Group), Defendants-Respondents, John D. Ashcroft, Missouri Attorney General, Defendant.

Missouri Court of Appeals, Western District.

October 26, 1982.


Attorney(s) appearing for the Case

William B. Bundschu, pro se.

William D. Cosgrove, Kansas City, for Tilson.

James Tierney, Lathrop, Koontz, Righter, Clagett & Norquist, Kansas City, for Catholic Diocese of K.C.-St. Joe., Rev. Sullivan and John Schmeideler.

Norman P. Gordon, Thomas Lasley, Gordon & Gordon, Kansas City, for Avila College.

Richard W. Miller, Kevin E. Glynn, Weldon H. Fannen, Miller & Glynn, Kansas City, for Rockhurst College.

C. John Forge, Independence, for Robert Ishmael, et al.

Before SHANGLER, P.J., and PRITCHARD and DIXON, JJ.


SHANGLER, Presiding Judge.

The appeal is from a judgment of the probate court to approve a compromise settlement among the beneficiaries of a trust in disagreement as to the construction of the trust provisions entered under §§ 473.084 and 473.085 [Laws of 1980 effective January 1, 1981]. The successor cotrustee James A. Tilson and heir William B. Bundschu alone contest the judicial sanction of the settlement. The cotrustee contends that the continuation...

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