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ESTATE OF FISK

No. KCD 27691.

537 S.W.2d 828 (1976)

In the Matter of the ESTATE of Lilly E. FISK, Deceased. David A. WELTE, Administrator ad litem for the Estate of Lilly E. Fisk, Deceased, Appellant, v. Ralph L. MARTIN, guardian of the Estate of Gary Fisk, Respondent.

Missouri Court of Appeals, Kansas City District.

June 1, 1976.

Attorney(s) appearing for the Case

David A. Welte, Olsen, Talpers & Welte, Kansas City, for appellant.

W. Raleigh Gough, Independence, for respondent.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

TURNAGE, Presiding Judge.

Ralph Martin, as guardian of Gary Fisk, filed a motion in the probate court requesting an order nunc pro tunc to show that he had filed an application for a homestead allowance for his ward within the time allowed by law, because the records of the probate court failed to show such application had been filed.

The probate court refused to make such order, but on appeal the circuit court reversed and ordered the probate court to make...

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