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VOLLMANN v. ROSENBURG

No. 73100.

972 S.W.2d 490 (1998)

John T. VOLLMANN, Paul S. Finot, Dr. Alan S. Holtz, Patricia F. Riebold, Plaintiffs/Appellants, v. William ROSENBURG, a/k/a William Bracken, individually and as Trustee under the Last Will and Testament of Mabel Frieda Bick, and Jewel C. Rosenburg, and St. Albans Properties, L.L.C.,and The Salvation Army, and Jeremiah (Jay) Nixon, Missouri Attorney General, on behalf of the Public Interest, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer to Denied July 8, 1998.

Application for Transfer Denied August 25, 1998.

Attorney(s) appearing for the Case

Russell A. Willis III, Creve Coeur, for appellant.

Erwin J. Roesel, St. Louis, for Rosenburg.

Robert E. Jones, Daniel S. Rork, Michele R. Davis, Richard A. Wunderlich, Victoria I. Goldson, St. Louis, for St. Albans.

William Sitzer, St. Louis, for Salvation Army.

Jeremiah W. (Jay) Nixon, Atty. Gen., F. Martin Dajani, Asst. Atty. Gen., Jefferson City, for Mo. Atty. Generals Office.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 8, 1998.

CRANDALL, Judge.

Plaintiffs appeal from the judgment of the circuit court, sustaining a motion for judgment on the pleadings on their action to quiet title. We affirm.

Mabel Bick died on January 21, 1977. Her will was admitted in probate and provides in part:

THIRD: I give, bequeath and devise to William Bracken, my real estate property at St. Albans, Missouri, in Franklin...

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