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BOLLENGER v. BRAY

No. 51773.

411 S.W.2d 65 (1967)

Victor BOLLENGER, Administrator w.w.a., d.b.n. of the estate of Theodore Harris, deceased, and M. E. Fitzpatrick, as Moderator of the Lawrence County, Missouri, Baptist Association, and the Lawrence County, Missouri, Baptist Association by M. E. Fitzpatrick, a member of the class, Appellants, v. Arleen BRAY, Administrator of the estate of Grace Cox, Arleen Bray, Individually, and Arleen Bray, as guardian of the estate of A. E. Cox, Incompetent, Hattie B. Thomas, and Raymond Thomas, Individually and as Administrator of the estate of Lulie A. Harris, deceased, Respondents.

Supreme Court of Missouri, Division No. 2.

February 13, 1967.

Attorney(s) appearing for the Case

Almon H. Maus, Monett, for appellants.

Ratican & Faulkner, William A. Ratican, Jr., Aurora, Oral H. McCubbin, Mt. Vernon, for respondents.

PRITCHARD, Commissioner.

The issue is whether decedent's widow (now also deceased), life devisee of his estate, may validly have allowed to her as part support and maintenance almost ten years after administration was begun, the bulk of his estate as against the contention that she had no power to consume the estate absent an actual need therefor. The underlying issue is the sufficiency of a duly published notice of final settlement in the estate of January, 1952...

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