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GODSY v. GODSY

No. 9388.

504 S.W.2d 209 (1973)

J. H. GODSY, Plaintiff-Respondent, v. Gladys GODSY, Executrix of the Estate of Alta Godsy, Deceased, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or Transfer Denied December 18, 1973.

Application to Transfer Denied February 11, 1974.

Attorney(s) appearing for the Case

Richard D. Moore, John C. Holstein, Moore & Brill, West Plains, for defendant-appellant.

Esco V. Kell, Harold Henry, West Plains, Jack L. Simms, Jones & McDaniel, Kansas City, for plaintiff-respondent.

KEET, Special Judge.

This is an appeal from judgment in a discovery of assets proceeding under § 473.340 et seq., RSMo 1969, V.A.M.S.,1 against Gladys Godsy, executrix of the estate of Alta Godsy, initiated by J. H. Godsy, brother of the decedent. Following disqualification of the probate judge under § 472.060 RSMo 1969, V.A.M.S., the case was certified to the circuit court and tried without jury.2

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