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SIMMONS v. INMAN

No. 55227.

471 S.W.2d 203 (1971)

Elizabeth D. SIMMONS, Appellant, v. Susan (Vicky) INMAN et al., Respondents.

Supreme Court of Missouri, Division No. 1.

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

Attorney(s) appearing for the Case

Robert Martin, William L. Oliver, Jr., Martin, Porter, Pringle, Schell & Fair, Wichita, Kan., Harry A. Morris, James D. Veselich, Morris, Sanders, King & Stamper, Kansas City, for appellant.

Karl F. Schmidt, Carl F. Krauss, Morrison, Hecker, Cozad, Morrison & Curtis, Kansas City, for defendant-respondent Jackson County Chapter of the National Foundation—March of Dimes.

James H. Ottman, Shook, Hardy, Ottman, Mitchell & Bacon, Kansas City, for defendants-respondents Susan (Vicky) Inman, J. Chester Shimp and Ann Shimp, Ima Phipps, Mrs. Tot Workman, Jean Inman, Sheldon J. Cotton and Anne Cotton, and Willa Mae Powell.

Paul Scott Kelly, Jr., Gage, Tucker, Hodges, Kreamer, Kelly & Varner, Kansas City, for defendant-respondent James Daleo.

James A. Polsinelli, of Romano, Shapiro & Polsinelli, Kansas City, for William Jankowski and Helen Jankowski.

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

HIGGINS, Commissioner.

Action by twin sister and sole heir at law of testatrix against her unrelated beneficiaries to contest the October 25, 1965, will of Eleanore Miller, deceased. The will devised real estate, and the assets of the estate exceed $75,000 in value. Contestant sought to submit her case on issues of undue influence and testamentary capacity; the court directed a verdict...

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