Wacker-Helderle Undertaking & Livery Co. v. Kinealy

ON MOTION FOR REHEARING.

Respondent Wacker-Helderle Undertaking Livery Company has filed a motion for rehearing which is chiefly founded on the claim that our decision is in conflict with the opinion of the Supreme Court in Smith v. St. Louis Union Trust Co., 340 Mo. 979,104 S.W.2d 341.

The Smith case was an action brought in the circuit court by a residuary legatee under the will of one Kotany to recover a judgment in damages against the executor, St. Louis Union Trust Company, upon the ground of the latter's alleged negligence and breach of duty in delaying the sale of securities belonging to…