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TUCKWILLER v. TUCKWILLER

No. 51769.

413 S.W.2d 274 (1967)

Ruby TUCKWILLER, Plaintiff-Respondent, v. Marion TUCKWILLER, Executor of the Estate of Flora Metta Morrison, Deceased, and Davidson College, a Corporation of the State of North Carolina, Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied April 10, 1967.

As Modified on Motion April 10, 1967.

Attorney(s) appearing for the Case

James & Butterfield, A. Lamkin James, Marshall, for respondent.

Ike Skelton, Jr., W. R. Schelp, N. R. Bradley, Lexington, for defendant Davidson College.

William T. Bellamy, Jr., Marshall, for defendant Marion Tuckwiller.

Bradley, Skelton & Schelp, Lexington, of counsel.

Motion for Rehearing or to Transfer to Court En Banc Denied April 10, 1967.

As Modified on Court's Own Motion April 10, 1967.

WELBORN, Commissioner.

This is an appeal from a decree ordering specific performance of a contract to devise real estate. The residuary legatee to which the proceeds of the property would have passed under the owner's will and the executor have appealed.

At her death at the age of 73 years, on June 14, 1963, Flora Metta...

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