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LEVY v. WINANS

No. 25419.

464 S.W.2d 763 (1970)

Joseph S. LEVY, Executor of the Estate of Mattie Winans, Appellant, v. Paul G. WINANS, Respondent.

Kansas City Court of Appeals, Missouri.

Motion for Rehearing and/or Transfer Denied February 1, 1971.

Application to Transfer Denied April 12, 1971.

Attorney(s) appearing for the Case

Frank B. Reiser and Paul Margolis, Jr., Kansas City, Levy & Craig, Kansas City, of counsel, for appellant.

Koenigsdorf, Kaplan, Kraft & Fox, by Phillip A. Kusnetzky, Kansas City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 1, 1971.

MAUGHMER, Commissioner.

The trial court denied the motion of the executor of the estate of Mattie Winans, deceased, for entry of a divorce decree nunc pro tunc, and instead dismissed the pending suit for divorce because of the death of the plaintiff-testatrix. The executor has appealed.

The plaintiff in the divorce suit, Mattie Winans, and the defendant, Paul G. Winans,...

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