SALISBURY v. GARDNER

No. KCD 26396.

515 S.W.2d 881 (1974)

John L. SALISBURY et al., Respondents, v. Henry GARDNER and the Unionville Ladies Cemetery Association, Appellants, and L. E. ATHERTON, Executor of the Estate of Martha Salladay, Deceased, and Mauretta Carder, Defendants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied October 7, 1974.

Application to Transfer Denied December 16, 1974.


Attorney(s) appearing for the Case

Jayne, Oswald & Cottey, Kirksville, for appellants.

Robert E. Sharp and Robert Ernest Gould, Kansas City, Wilbur L. Pollard, North Kansas City, for respondents.

Before PRITCHARD, P. J., and SWOFFORD and SOMERVILLE, JJ.


SWOFFORD, Judge.

The last will and testament of Martha Salladay was contested by eight nieces and nephews (respondents here), her heirs at law who were excluded as legatees under the will.1

The will here in question bequeathed 75% of the residue of the estate to the appellant, Henry Gardner; 10% of the residue to the appellant, The Unionville Ladies Cemetery Association; and 10% of the residue to a niece, Mauretta Carder; and it...

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