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HANNAH v. HANNAH

No. 55116.

461 S.W.2d 852 (1971)

Floyd HANNAH and Roy Hannah, Appellants, v. Ethel HANNAH, pro se and as Executrix under the Will of the Estate of Frank Hannah, Deceased, Lucille Akers, Russell Hannah, Wilbur Hannah, and Wayman Hannah, Respondents.

Supreme Court of Missouri, Division No. 2.

January 11, 1971.

Attorney(s) appearing for the Case

Louis Kranitz, Theodore M. Kranitz, St. Joseph, for appellants.

Bernard W. Gorman, Tarkio, for respondents.

PRITCHARD, Commissioner.

Frank Hannah's last will and testament was contested by two of his sons (Floyd and Roy Hannah who were excluded as legatees) in the trial court. The jury's verdict was that "the document dated August 10, 1954 is not the last will and testament of Frank Hannah." The proponents of the will filed alternatively their motion for judgment in accordance with their motion for directed verdict made at the close

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