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MORTON v. SIMMS

No. 43819.

263 S.W.2d 435 (1953)

MORTON et al. v. SIMMS et al.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied January 11, 1954.

Attorney(s) appearing for the Case

Wm. Waye, Jr., St. Charles, for appellants Mabel Morton and Ben Morton.

Redmon Morton, pro se.

Floyd Morton, pro se.

H. K. Stumberg, St. Charles, Robert V. Niedner, Niedner & Niedner, St. Charles, for respondents.

HOLLINGSWORTH, Judge.

This is an action brought in the Circuit Court of St. Charles County under the provisions of Section 468.580 RSMo 1949, V.A.M.S., to probate an alleged will of Aurelia Carter following its rejection by the Probate Court of that county on the ground she "lacked the necessary testamentary capacity" to make the same. The jury found the proffered instrument was not her will and judgment was rendered accordingly. Plaintiffs and defendants Redmon Morton...

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