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  5. 555 S.W.2d 692 (1977)
 

ESTATE OF BENNETT

No. KCD 28597.

555 S.W.2d 692 (1977)

In the ESTATE of Mary BENNETT, Deceased. Grace WHITE, Dorothy Bennett Brooks, William A. Bennett, Lee Bennett and Gerald Bennett, Petitioners-Appellants, v. Stephen A. LOVEJOY, Guardian of the Persons and Estates of Joseph Lionel Smith and Cinthia Ann Smith, and Walter L. Mulvania, Executor of the Will of Mary Bennett, Deceased, Respondents.

Missouri Court of Appeals, Kansas City District.

August 29, 1977.

Attorney(s) appearing for the Case

Joseph L. Flynn, Dale, Flynn, Bauman & Liles, St. Joseph, for petitioners-appellants.

Theodore M. Kranitz, Kranitz & Kranitz, St. Joseph, for respondent guardian and infants.

Before SWOFFORD, P. J., PRITCHARD, C. J., and DIXON, J.

DIXON, Judge.

Petitioners appeal from an order of the Circuit Court dismissing a petition for heirship originally filed in the Probate Court of Atchison County and appealed to the Circuit Court. The sole issue is the statement of a cause of action under the pleadings. The order dismissing is reversed and the cause reinstated for hearing.1

This case was, on motion of the respondents, consolidated with KCD 28494, an original circuit...

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