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HANDLY v. LYONS

Nos. 25276, 25277.

475 S.W.2d 451 (1971)

Lucile L. HANDLY and Sarah M. Canopa, Plaintiffs-Respondents, v. Maxwell LYONS, Executor of the Estate of William R. Lyons, deceased, Defendant-Appellant. METROPOLITAN LIFE INSURANCE COMPANY, a corporation, Defendant-Appellant and Third-Party Plaintiff-Appellant, v. Maxwell LYONS, individually as residuary legatee under the Last Will and Testament of William R. Lyons, deceased, Third-Party Defendant-Respondent.

Kansas City Court of Appeals, Missouri.

Motion for Rehearing and/or Transfer Denied December 2, 1971.

Application to Transfer Denied February 22, 1972.

Attorney(s) appearing for the Case

W. R. Schelp, Lexington, for Lucile L. Handly and Sarah M. Canopa.

Charles H. Green, Jr., Higginsville, and William Aull, III, Lexington, for Maxwell Lyons, Executor of the Estate of William R. Lyons, Deceased; Green & Green, Higginsville, Aull, Hader & Sherman, Lexington, of counsel.

John J. Kitchin, Kansas City, for Metropolitan Life Insurance Co.; Jack B. Helitzer, New York City, Swanson, Midgley, Jones, Eager & Gangwere, Kansas City, of counsel.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 2, 1971.

CROSS, Judge.

On December 26, 1965, William R. Lyons, a retired United States postal employee, who had worked some forty years under Civil Service at the Higginsville Post Office, departed this life. He was then covered as an insured by a group policy of life insurance issued by defendant Metropolitan Life Insurance Company, procured by the United States Civil Service Commission...

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