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OSBORN v. SINNETT

No. KCD 26106.

503 S.W.2d 30 (1973)

Forest OSBORN, Appellant, v. Louise Elwood SINNETT, Respondent.

Missouri Court of Appeals, Kansas City District.

December 3, 1973.

Attorney(s) appearing for the Case

Kay & Quigley, Eldon, for appellant.

David A. Yarger, Woolsey & Yarger, Versailles, for respondent.

Before DIXON, C. J., and PRITCHARD and SOMERVILLE, JJ.

PER CURIAM:

The trial court sustained the defendant's motion to dismiss with prejudice. Plaintiff has appealed.

The petition which the motion addressed was a suit to establish a will. The facts well pleaded are admitted by the motion for the purpose of determining the sufficiency of the petition. Higday v. Nickolaus et al., 469 S.W.2d 859, 864 (Mo. App.1971), Aluma Kraft Manufacturing Co. v. Elmer Fox & Co., ...

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