No. 46277.

324 S.W.2d 733 (1959)

Harry J. NORTH, Appellant, v. Esther C. HAWKINSON, Executrix of the Estate of Axel Hawkinson, Deceased, Respondent.

Supreme Court of Missouri, Division No. 2.

Opinion Modified on Own Motion, Motion for Rehearing or to Transfer Denied June 8, 1959.

Attorney(s) appearing for the Case

Blackford, Imes, Compton & Brown, by Haskell Imes, Kansas City, for appellant.

Lawrence R. Brown, Michael J. Bogutski, Kansas City, for respondent, Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, of counsel.

Hiram H. Lesar, St. Louis, Charles C. Oliver, Jr., Kansas City, for amicus curiae. Missouri Association of Probate Judges.

C. Wallace Walter, Robert E. Lusk, Mann, Walter, Powell, Burkart & Weathers, Springfield, amicus curiae.

Rush H. Limbaugh, Cape Girardeau, Floyd R. Gibson, Kansas City, amicus curiae.

Opinion Modified on Court's Own Motion, Motion for Rehearing or to Transfer to Court en Banc Denied June 8, 1959.

BOHLING, Commissioner.

Harry J. North filed an action against Esther C. Hawkinson, executrix of the estate of Axel Hawkinson, deceased, in the Circuit Court of Jackson County based on an alleged oral partnership agreement between plaintiff and Hawkinson. The case is pending on resubmission. Defendant's motion to dismiss plaintiff's petition was...


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