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SWITZER v. SWITZER

No. 49762.

373 S.W.2d 930 (1964)

Henry SWITZER and Mattie McAllister, Respondents, v. George Hadley SWITZER, Executor of the Estate of George L. Switzer, deceased, George Hadley Switzer, Individually, Mae Switzer, Dorothy Davis, Lois Cunningham, and Anna Montgomery, Appellants.

Supreme Court of Missouri, Division No. 2.

January 13, 1964.

Attorney(s) appearing for the Case

Edward W. Speiser, Salisbury, Don Chapman, Sr., Chapman & Chapman, Chillicothe, for appellants.

Don Hutson, Robert Van Horn, Hutson & Van Horn, Kansas City, for respondents.

WALTER H. BOHLING, Special Commissioner.

This is an action contesting the will, executed July 31, 1959, of George L. Switzer, who died August 9, 1960, at the age of nearly eighty-six. The petition charged testamentary incapacity and undue influence exercised by Mr. and Mrs. George Hadley Switzer. The jury found against the will on the ground of undue influence. In due course proponents appealed. They question the submissibility of contestants' case, the admissibility...

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