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ESTATE OF ROSE v. LOUCKS

No. WD 40872.

772 S.W.2d 886 (1989)

The ESTATE OF Mildred E. ROSE, James E. Lockwood, Personal Representative, Plaintiff, v. Jeannette M. LOUCKS, a Minor, Erin M. Tucker, a Minor, Defendants-Appellants, Gary Miles Loucks, Suzanne White Tucker, T. Marc White, Boatmen's First National Bank of Kansas City, Matthew Loucks, a Minor, Mildred M. Rose, Robert Lee Gregory, Defendants-Respondents.

Missouri Court of Appeals, Western District.

June 27, 1989.

Attorney(s) appearing for the Case

Gary K. Patton, Liberty, for defendants-appellants, Jeannette M. Loucks and Erin M. Tucker.

Richard D. Woods, Todd Ruskamp, Kansas City, for defendant-respondent Gary Miles Loucks.

George R. Haydon, James F. Duncan, Kansas City, for defendants-respondents Suzanne White Tucker and T. Marc White.

Steven M. Petry, Smithville, for defendant-respondent Matthew Loucks, a Minor.

Before MANFORD, P.J., and TURNAGE and LOWENSTEIN, JJ.

LOWENSTEIN, Judge.

This is an appeal from a summary judgment granted by the Probate Division of Clay County on a suit for declaratory judgment involving the construction of a will. The petition in this action was filed by James E. Lockwood, the acting Personal Representative of the estate of Mildred E. Rose (Mrs. Rose). He sought a declaratory judgment to determine whether the residuary estate of Mrs. Rose should pass: 1) under a 1986 trust agreement; 2) under a 1987...

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