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BLUE RIDGE BANK v. AMERICAN ASS'N OF ORTHO.

Nos. WD 60637, WD 60664, WD 60753.

106 S.W.3d 543 (2003)

BLUE RIDGE BANK AND TRUST COMPANY, et al., Appellants-Respondents, v. AMERICAN ASSOCIATION OF ORTHODONTISTS FOUNDATION, et al., Respondents-Appellants.

Missouri Court of Appeals, Western District.

May 6, 2003.

Attorney(s) appearing for the Case

Martin M. Meyers, Linda Hart Tabory, Kansas City, MO, for Appellants-Respondents Blue Ridge Bank and Trust Co. and Kathleen Osborn.

Steven E. Mauer, Jennifer A. Donnelli, Kansas City, MO, for Respondent-Appellant American Association of Orthodontists Foundation.

Dennis D. Palmer, Christine M. Graham, Kansas City, MO, for Respondent-Appellant UMB Bank, N.A.

Lawrence P. Katzenstein, Michael W. Bartolacci, St. Louis, MO, for Respondents-Appellants Missouri Botanical Garden Board of Trustees, St. Louis Zoo Friends Association, Circle of Concern, Inc., The Salvation Army, Missouri Historical Society and St. Louis Science Center Foundation.

Before BRECKENRIDGE, P.J., HOWARD and HOLLIGER, JJ.

VICTOR C. HOWARD, Judge.

This is a consolidated appeal from a summary judgment granted by the Probate Division of the Circuit Court of Jackson County, Missouri, on a suit for declaratory judgment seeking instructions concerning the proper allocation and distribution of trust assets.

The probate court construed the provisions of the subject trust to require the funding of both "Share A" and "Share B" set forth therein. Certain of the defendants contend on appeal...

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