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OBERMEYER v. BANK OF AMERICA, N.A.

No. SC 85632.

140 S.W.3d 18 (2004)

Louise OBERMEYER, Individually and as Assignee of Stockeley P. Towles, and as Personal Representative of the Estate of Margaret S. Derrick, and Elizabeth Ann Salmon, Appellants, v. BANK OF AMERICA, N.A., Washington University, Jeremiah W. (Jay) Nixon, and Washington University Dental Alumni Association, Respondents.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing August 24, 2004.

Attorney(s) appearing for the Case

Janet F. Catalona, Patricia K. Susi, St. Louis, MO, for Appellants.

Mark G. Arnold, St. Louis, Jeremiah W. (Jay) Nixon, Atty. Gen., Tracy E. McGinnis, Asst. Atty. Gen., Sarah E. Ledgerwood, Asst. Atty. Gen., Jefferson City, Mitchell A. Margo, Richard A. Wunderlich, Thomas M. Blumenthal, St. Louis, MO, for Respondents.

MICHAEL A. WOLFF, Judge.

Introduction

When the late Dr. Joseph Kimbrough established his estate plan in 1955, Washington University had a dental school and a Dental Alumni Development Fund that existed to benefit the school. His 1955 estate plan included a trust to provide benefits for his niece and nephews during their lifetimes after Dr. Kimbrough's death. The trust provided that, upon the death of the survivor of the niece and nephews, the trust estate...

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