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BALLARD'S ESTATE v. CLAY COUNTY

No. 48927.

355 S.W.2d 894 (1962)

In the Matter of the ESTATE of O. G. BALLARD, Deceased, Helen Ballard, Administratrix, Appellant, v. CLAY COUNTY, Missouri, L. M. Bywaters, Willard Payton, and Tate Chiles, Judges of the County Court of Clay County, Missouri, Respondents.

Supreme Court of Missouri, Division No. 1.

April 9, 1962.

Attorney(s) appearing for the Case

Williams & Norton, North Kansas City, John Lodwick, David Lodwick, Excelsior Springs, for appellant.

Robert E. Coleberd, Hale, Coleberd, Kincaid & Waters, Liberty, for respondents.

HOLMAN, Commissioner.

This discovery of assets proceeding was originally instituted in the Probate Court of Clay County, Missouri, on January 11, 1954, by the filing of an affidavit by the administratrix of the estate of O. G. Ballard, deceased. The parties alleged to be wrongfully withholding assets of the estate were Clay County, Missouri, and the judges of its county court, Boude Crossett, Curtis Hall, and Ford White. Upon the filing of an affidavit alleging that...

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