In Re the Trust Under the Last Will & Testament of Jackson

RUARK, Judge.

This appeal, so wé as'sume from the brief of appellant, is a separate sprout growing from the roots of the controversy which resulted in our decision in In re Jackson’s Will, Mo.App., 291 S.W.2d. 214, Therein we held the acceptance of resignation of a trustee and appointment of a successof trustee, without notice to an interested party litigant, was error.- Respondent here has filed motion to dismiss the appeal.

The notice of appeal in this case is dated February 29, 1956, and states that it is from the judgment and order of the judge of the trial court, on that same date. No…