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IN MATTER OF HEISSERER

No. 16306.

797 S.W.2d 864 (1990)

In the Matter of Rosalinda HEISSERER, an Incapacitated and Disabled Person. JACKSON EXCHANGE BANK AND TRUST COMPANY and Gary Spinks, Co-Trustees, Plaintiffs-Appellants, v. Harl FRIEDRICH, Co-Trustee and Individually, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

October 24, 1990.

Attorney(s) appearing for the Case

Tom K. O'Loughlin II, Kathleen A. Wolz, O'Loughlin, O'Loughlin & McManaman, Cape Girardeau, for plaintiffs-appellants.

Michael L. Jackson, Buerkle, Beeson & Ludwig, Jackson, for defendant-respondent.

HOGAN, Judge.

This appeal is taken from a judgment of the Probate Division of the Circuit Court of Scott County construing an inter vivos trust. The background facts as found by the trial court and as reflected by the record are that Rosalinda Heisserer and her husband Zeno owned a 180-acre farm in Cape Girardeau County. They became the parents of one child, Cathrine. Cathrine is fifty-five years old and is retarded. She is unable to speak but can communicate with...

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