Hereford v. Unknown Heirs of Tholozan

COIL, Commissioner.

In 1950 plaintiffs below instituted an action for the construction of the will of Adelle Tholozan and for other relief. Count 1 (the will construction count) was separately tried and the final appealable judgment therein rendered was affirmed by this court on July 9, 1956. It was adjudged that Item Fourth gave Eulalie Phillips, who was the only daughter of Adelle Phillips and who survived the testatrix, a fee simple title in the “balance & remainder” of the property mentioned therein. Hereford v. Unknown Heirs, etc., 365 Mo. 1048, 292 S.W.2d 289, 291.

Item Fourth of the…