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WALTERS v. LAWLESS

No. 50167.

381 S.W.2d 843 (1964)

Charles Lee WALTERS and Nancy Jane Walters Stevens, a minor, by Eloise Walters, her Guardian, Plaintiffs-Appellants, v. H. L. LAWLESS, Odist Low, and the Equitable Life Assurance Society of the United States, a Corporation, Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing and to Transfer Denied September 14, 1964.

Attorney(s) appearing for the Case

C. A. Powell, Powell, Jones & Ringer, Dexter, for plaintiffs-appellants.

Wayne B. Wright, Henry C. Bryan, Jr., McDonald, Barnard, Wright & Timm, St. Louis, Joe Welborn, Bloomfield, Claude Arnold, Dexter, James E. Spain, Briney & Welborn, Bloomfield, for defendants appellants.

Motion for Rehearing and to Transfer to Court En Banc Denied September 14, 1964.

BARRETT, Commissioner.

This is another case with its origin in that everlastingly vexatious phrase, this time in a 1913 will, "heirs of the body." The plaintiffs are the great-grandchildren of the 1913 testator John N. Miller. His will, insofar as material, devised his land in fractional shares to his daughters, here to his daughter...

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