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POTTS v. VADNAIS

No. 49113.

362 S.W.2d 543 (1962)

John Phillip POTTS, Appellant, v. Charles C. VADNAIS, Jr., Administrator of the Estate of Charles C. Vadnais, deceased, Respondent.

Supreme Court of Missouri, Division No. 2.

December 11, 1962.

Attorney(s) appearing for the Case

Stephen J. Millett, Kingston, Joe H. Miller, Carrollton, for appellant.

David Thomas, Dudley Thomas, Carrollton, Don Chapman, Sr., Chapman & Chapman, Chillicothe, for respondent.

EAGER, Presiding Judge.

This appeal again raises a question of the effect of our Probate "non-claim" statutes; more specifically, the effect of § 473.360,1 as originally enacted and as revised in 1959, upon failure of plaintiff to file notice in the probate court of the pendency of a suit against an executor or administrator. We had thought that all suits controlled by the former act had been disposed of. The statutory history is...

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