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NORTON v. JOHNSON

No. 41322.

226 S.W.2d 689 (1950)

NORTON v. JOHNSON et al.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied February 13, 1950.

Attorney(s) appearing for the Case

Bryan, Cave McPheeters & McRoberts, Thos. S. McPheeters and Edw. A. Haid, St. Louis, for defendants-appellants, Mabel Johnson and St. Louis Union Trust Co., executors.

Lehmann & Allen, Chas. Claflin Allen and O. P. Owen, St. Louis, for defendants-appellants, Seamen's Church Institute of New York, Board of Trustees of Missouri Botanical Garden and American National Red Cross, St. Louis Chapter.

Clay C. Rogers, Kansas City, Julius H. Drucker, John J. Nangle, Harvey B. Cox, St. Louis, for respondent, Mosman, Rogers, Bell Field & Gentry, Kansas City, Cox & Cox, St. Louis, of counsel.

BRADLEY, Commissioner.

This cause contests the purported will of Ellen A. Ricker, deceased. The jury returned a verdict against the will; judgment went accordingly and this appeal followed. Respondent filed motion to dismiss the appeal for the alleged reason that appellants violated Rule 1.08 in failing to make a fair and concise statement without argument. The motion is overruled.

The will was executed July 6, 1944; testatrix died April 4, 1946, in her 88th...

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