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COLE v. SMITH

No. 49650.

370 S.W.2d 307 (1963)

Edward E. COLE and Viola O. Stetina, Appellants, v. Catherine SMITH et al., Respondents.

Supreme Court of Missouri, Division No. 2.

September 9, 1963.

Attorney(s) appearing for the Case

Hal B. Coleman, Coleman, Ross & Cekovsky, Clayton, William L. Mason, Jr., St. Louis, for appellants.

Austin C. Knetzger, David E. Horn, William P. Chulick, St. Louis, Oliver F. Erbs, Kirkwood, for respondents.

STOCKARD, Commissioner.

Plaintiffs have appealed from the judgment of the Circuit Court of the City of St. Louis dismissing their petition to contest the validity of the will of Rose Ott. The will purports to devise to persons other than plaintiffs the title to real estate which in the absence of the will would descend to plaintiffs as heirs at law of the testator. For this reason title to real estate is involved. Board of Trustees of Methodist Church v. Welpton,...

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