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MATTER OF ESTATE OF PASSMAN

No. 59275.

537 S.W.2d 380 (1976)

In the Matter of the ESTATE of Doctor Harold PASSMAN, Deceased. The CITY NATIONAL BANK AND TRUST COMPANY, Executor, Appellant, v. Natalie GRAVES, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 14, 1976.

Attorney(s) appearing for the Case

Jerome T. Wolf and Edward A. Setzler, Spencer, Fane, Britt & Browne, Kansas City, for appellant.

James W. Jeans, Kansas City, Lantz Welch, Kansas City, for respondent.

PER CURIAM.

This cause was transferred from the Court of Appeals, Kansas City District, to reconsider whether or not the standard burden of proof instruction, MAI 3.01, would adequately instruct a jury as to the burden placed on a party claiming an inter vivos gift after the death of the alleged donor. After reargument in this court, we agree with the Court of Appeals that it would not; and, that the admonition found in the Committee's Comment following MAI 3.01 that...

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