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COWAN v. McELROY

No. KCD 27637.

549 S.W.2d 543 (1977)

A. Ruth COWAN, et al., Appellants, v. Janice Jo Ann McELROY, Individually, and Janice Jo Ann McElroy, Executrix of the Estate of Harry Cowan, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied April 15, 1977.

Attorney(s) appearing for the Case

Larry L. Zahnd, Zahnd & Whan, Maryville, for appellants.

Richard E. McFadin, and F. A. White, Jr., McFadin & White, a Professional Corp., North Kansas City, for respondent.

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

SWOFFORD, Judge.

This is a civil suit brought by the brothers and sister and only heirs at law, of Harry Cowan, to contest his Last Will and Testament on the grounds that he lacked testamentary capacity and that at the time he executed the will he acted under and by reason of undue influence exerted upon him by Janice Jo Ann McElroy.

The will was executed on October 16, 1972, and Harry Cowan died on May 8, 1973 at the age of 76 years. The will was filed for...

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