Thatcher v. St. Louis

* NOTE: Opinion filed at May Term, 1934, July 17, 1934; motion for rehearing filed; motion overruled at September Term, November 15, 1934. This is an action in equity to terminate a trust, created by the will of Judge Bryan Mullanphy, executed in August, 1849, on the ground that "the purpose of said trust has long since wholly failed." By answer and cross-bill the city of St. Louis and the Attorney-General of Missouri asked for an interpretation of the will and for instructions to the trustee. Judge Mullanphy's will was as follows:

"I, Bryan Mullanphy, do make and declare the following to be…