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IN RE GENE WILD INS. TRUST

Nos. SD 30449, SD 30457, SD 30459.

340 S.W.3d 139 (2011)

In the Matter of GENE WILD INSURANCE TRUST. U.S. BANK, N.A., Petitioner-Respondent, v. James H. WILD, Individually, and as Trustee of the Gene Wild Revocable Trust, Cottey College, and College of the Ozarks, Respondents-Appellants, Katherine Alice Cunningham, and Laura Nance Cunningham, Respondents-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied March 14, 2011.

Application for Transfer Denied April 26, 2011.

Attorney(s) appearing for the Case

Kevin Checkett , Checkett & Pauly, P.C., Carthage, MO, for Appellant James H. Wild.

Virginia Lynne Fry and Jason C. Smith , Husch Blackwell LLP, Springfield, MO, for Appellant College of the Ozarks.

Todd W. Ruskamp and Clayton T. Norkey , Shook, Hardy & Bacon, L.L.P., Kansas City, MO, for Appellant Cottey College.

Jeremy K. Brown , Copeland & Brown, Joplin, MO, for Respondents Cunningham.

Jeffrey Wayne Heil , Spencer, Scott & Dwyer, Joplin, MO, for Respondent U.S. Bank, N.A.

GARY W. LYNCH, Judge.

James H. Wild, Trustee of the Gene Wild Revocable Trust; The School of the Ozarks, Inc., d/b/a College of the Ozarks; and Cottey College (collectively "Appellants"), appeal the trial court's judgment on the pleadings in favor of Katherine Cunningham and Laura Cunningham (collectively "the Cunninghams"), in a case brought by U.S. Bank, Trustee of the Gene Wild Insurance Trust, seeking a determination as to the manner in which it is to distribute...

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