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HARDT v. VITAE FOUNDATION, INC.

No. WD 70525.

302 S.W.3d 133 (2009)

Edwin HARDT and Karl Hardt, Appellants, v. VITAE FOUNDATION, INC., Respondent.

Missouri Court of Appeals, Western District.

Application for Transfer to Supreme Court Denied December 22, 2009.

Application for Transfer Denied March 2, 2010.

Attorney(s) appearing for the Case

James Bopp, Jr., and Clayton J. Callen, Terre Haute, IN, for Appellants.

Dale Doerhoff, Jefferson City, MO, Mike W. Bartolacci and Maria G. Zschoche, St. Louis, MO, for Respondent.

Before Division III: THOMAS H. NEWTON, Chief Judge, and MARK D. PFEIFFER and KAREN KING MITCHELL, Judges.

KAREN KING MITCHELL, Judge.

Edwin Hardt and Karl Hardt ("the Hardts") appeal from the circuit court's judgment dismissing for lack of standing their petition to enforce their charitable gift and the conditions thereon to the Vitae Foundation, Inc. ("Vitae"). We affirm.

Factual and Procedural Background

Appellants Edwin Hardt and Karl Hardt are executors of the estate of Selma J. Hartke. Pursuant to Ms. Hartke's will, they were given discretion to...

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