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MILLER v. GAYMAN

No. 56144

482 S.W.2d 414 (1972)

Velma MILLER, Executrix of the Estate of Isabel R. Kirchner, Deceased, Respondent, v. Darlene R. GAYMAN and Walter J. Gayman, Appellants.

Supreme Court of Missouri, Division No. 2.

July 17, 1972.

Attorney(s) appearing for the Case

Zenge & Smith, Canton, for respondent.

J. Patrick Wheeler, Canton, Ralph Breidenstein, Kahoka, for appellants.

EAGER, Special Commissioner.

Plaintiff sued defendants in two counts. The first count was on a note of defendants for $35,000 payable to plaintiff's testatrix and her husband, who predeceased testatrix; the note was secured by a mortgage on land in Illinois. Plaintiff alleged ownership in Isabel R. Kirchner, her testatrix, by survivorship. It was further alleged: that the note could not be produced by plaintiff because it was lost or inadvertently destroyed, but that...

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