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AMBRUSTER v. SUTTON

No. 42229.

244 S.W.2d 65 (1951)

AMBRUSTER v. SUTTON et al.

Supreme Court of Missouri, Division No. 2.

Motions for Rehearing and Motion for Transfer to Denied December 10, 1951.

Attorney(s) appearing for the Case

Wayne Ely, Richard H. Ely, St. Louis (Ely & Ely, St. Louis, of counsel), for defendant, appellant, Marguerite Reno Sutton.

G. A. Buder, Jr., Richard O. Roberts, St. Louis, for defendant, appellant, Salvation Army.

Berryman Henwood, Jefferson City, Harvey B. Cox, Harvey B. Cox, Jr., and William A. Moffitt, Jr., all of St. Louis, for Robert J. Ambruster, plaintiff, respondent.

Claude W. McElwee, St. Louis (Cox & Cox, St. Louis, of counsel), for Ruth Fleming Hollocher, defendant, respondent.

Motions for Rehearing and Motion for Transfer to Court en Banc Denied December 10, 1951.

WESTHUES, Commissioner.

Plaintiff Robert J. Ambruster filed this suit to contest the last will and testament of Edith E. Ambruster, deceased. It was alleged in the petition that the testatrix was on the day she signed the purported will, that is, September 29, 1948, of unsound mind. A trial resulted in a verdict that the paper writing offered in evidence was not the last...

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