Bernheimer Ex Rel. Bernheimer v. First National Bank

This is a proceeding under the Declaratory Judgment Act, Sec’s 1126-1140, R. S. 1939, Mo. R. S. A., brought by the plaintiff-appellant Earle J. Bernheimer, Jr., a minor now about eight years old, through his father, Earle J. Bernheimer, Sr. as next friend, to establish plaintiff’s status as the “lawful issue of the body” of his said father, within the meaning of the will of the latter’s mother, Bertha C. Bernheimer, deceased. The suit involves personalty worth about $750,000 in a testamentary trust in favor of the father for life, remainder to his said issue.

The plaintiff is an only child,…