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APPLEGATE v. BROWN

No. 48266.

344 S.W.2d 13 (1961)

Emily S. APPLEGATE, Appellant, v. Mary E. BROWN and Ellen Ruth Applegate, Executrices and Trustees Under the Will of Lincoln Clarence Applegate, Deceased et al., Respondents.

Supreme Court of Missouri, Division No. 1.

March 13, 1961.

Attorney(s) appearing for the Case

Milton C. Clarke, Charles B. Blackmar, Kansas City, for appellant. Blackmar, Swanson, Midgley, Jones & Eager, Kansas City and Evans & Kelley, North Platte, Neb., of counsel.

J. F. Allebach, Robert L. Ross, Albany, for respondents. Allebach & Ross, Albany, of counsel.

WESTHUES, Presiding Judge.

Plaintiff Emily S. Applegate filed this suit to quiet title to land located in Harrison County, Missouri, and for partition. It was alleged in the petition that plaintiff and her son, Lincoln Clarence Applegate, had, before her son's death, each owned an undivided one-half interest in the land. The son left a will leaving his property in trust for the benefit of certain persons. Plaintiff, in her petition, claimed that the will of her son...

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