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THEODORE SHORT TRUST v. FULLER

Nos. 22681, 22741, 22683, 22740.

7 S.W.3d 482 (1999)

THEODORE SHORT TRUST and Elinor K. Short Trust, under trust agreements dated August 18, 1969, Mercantile Bank of Springfield, Trustee, Respondents, v. Charles A. FULLER, Jr., personal representative of the Estate of Theodore G. Short, Deceased, et al., Respondents/Appellants, and Pam Chinnis, et al., Appellants/Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied November 3, 1999.

Application to Transfer Denied December 21, 1999.

Attorney(s) appearing for the Case

Richard L. Schnake, Springfield, for Appellant Fuller.

Emory Melton, Cassville, and Robert S. Wiley, Crane, for Appellants/Respondents Pam Chinnis, et al.

Charles A. Redd, Timothy J. Prosser, St. Louis, for Michael F. Kelly, Molly Kelly Martin and Timothy L. Kelly.

ROBERT S. BARNEY, Judge.

This consolidated appeal involves a three-way dispute among claimants to the residue of the Theodore Short Trust and to the residue of the Elinor K. Short Trust.1

On August 18, 1969, Theodore Short ("Theodore") and his wife, Elinor K. Short ("Elinor") executed respective, revocable living trusts containing residuary dispositions which were essentially identical.

Elinor died intestate on January...

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