PASTERNAK v. MASHAK

No. 50335.

383 S.W.2d 760 (1964)

Dorothy Delores PASTERNAK, Respondent, v. Frank MASHAK and Frank Mashak, Executor of the Last Will and Testament of Elizabeth Milanko, Deceased, Appellants.

Supreme Court of Missouri, Division No. 1.

November 9, 1964.


Attorney(s) appearing for the Case

Ralph E. Suddes, Mattoon, Ill., Sidney W. Horwitz, Dubinsky & Duggan, St. Louis, for plaintiff-respondent.

Frank Mashak, St. Louis, for appellants.


HOUSER, Commissioner.

This is a suit to contest a will. A jury found the instrument not to be the will of testatrix. Defendant, sole beneficiary, appealed on the ground that the proof was insufficient to establish mental incapacity or undue influence and that the jury was improperly instructed on the law of the case.

Inquiry into the first concern of every court convinces us that we do not have appellate jurisdiction...

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