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IN RE McDONALD REVOCABLE TRUST

No. 20971.

942 S.W.2d 926 (1997)

In re the CARL McDONALD REVOCABLE TRUST DATED OCTOBER 1, 1979. HOME OF HOPE, INC., Appellant, v. Betty L. McDONALD and C.R. Rhoades, Successor Trustee, Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied January 30, 1997.

Attorney(s) appearing for the Case

John S. Dolence, Spencer, Scott & Dwyer, P.C., Joplin, Mark W. Curnutte, Logan & Lowry, Vinita, OK, for appellant.

Ron Mitchell, Joplin, Blanchard, Robertson, Mitchell & Carter, P.C., for respondent, Betty L. McDonald.

SHRUM, Chief Judge.

Appellant, Home of Hope, Inc., (Home of Hope) is a contingent beneficiary under a revocable trust executed by Carl McDonald (Carl) in 1979. Respondent Betty McDonald (Betty) is Carl's widow and is a beneficiary of the trust which was amended by him three times. An attempted fourth amendment was earlier declared invalid.1 The instant appeal involves a declaratory judgment action filed by C.R. Rhoades, the successor trustee...

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