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SMOOT v. McCANDLESS

No. 54981.

461 S.W.2d 776 (1970)

J. B. SMOOT, Executor of the Estate of Everett McCandless, Appellant, v. Hosea McCANDLESS, Appellant, Walter W. Ahland, Jr., and Fayetta Ahland, Respondents. Walter W. AHLAND, Jr., and Fayetta Ahland, Respondents, v. ESTATE OF Everett McCANDLESS and J. B. Smoot, Executor, Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied January 11, 1971.

Attorney(s) appearing for the Case

Tom Brown, Edina, John Ed Luther, Memphis, and Zenge & Smith, Canton, for appellants.

E. Richard Webber, Memphis, for respondents.

Motion for Rehearing or to Transfer to Court En Banc Denied January 11, 1971.

HENRY I. EAGER, Special Commissioner.

These consolidated cases involve the validity, in whole or in part, of an article of the will of one Everett McCandless, and its ultimate effect. The trial court awarded the residue of the estate to the defendants-respondents Ahland, holding a part of the article in question to be void and the remainder valid and effective. The Executor and a...

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