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WARD v. BANK MIDWEST, NA

No. WD 48658.

871 S.W.2d 649 (1994)

Catherine I. WARD, Appellant, v. BANK MIDWEST, NA, Respondent.

Missouri Court of Appeals, Western District.

March 15, 1994.

Attorney(s) appearing for the Case

Theodore M. Kranitz, Kranitz & Kranitz, St. Joseph, for appellant.

Frank H. Strong, Barry L. Anderson, Strong, Strong & Prokes, Maryville, for respondent.

Before TURNAGE, C.J., and LOWENSTEIN and HANNA, JJ.

TURNAGE, Chief Judge.

Catherine Ward appeals the dismissal of her action for a declaratory judgment against Bank Midwest, NA, seeking a declaration that Bank Midwest should be required to repay certain funds removed from a trust. The motion to dismiss claimed that Ward's failure to join an indispensable party required dismissal under Rule 52.04. Reversed and remanded.

Catherine Ward is the sole income beneficiary of a testamentary trust established by the...

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