State Ex Rel. Clark v. Shain

* NOTE: Opinion filed at May Term, 1938, August 8, 1938, motion for rehearing filed; motion overruled at September Term, September 28, 1938. Certiorari to the judges of the Kansas City Court of Appeals bringing up the record in State ex rel. Clark v. National Surety Co., 82 S.W.2d 616, which includes opinions by SHAIN, P.J., and BLAND, J., and also incorporates a part of a third opinion by REYNOLDS, C., in In re Parker's Trust Estate, 228 Mo. App. 400, 67 S.W.2d 115. The facts in detail may be obtained from those cases. We condense them here.

One Charles S. Davis was executor of the estate of…