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MATTER OF ESTATE OF GOULD

No. KCD 27595.

547 S.W.2d 863 (1977)

In the Matter of the ESTATE of Elmer A. GOULD, Deceased. Appeal of Wayne R. STARR, Jr.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied February 28, 1977.

Application to Transfer Denied April 11, 1977.

Attorney(s) appearing for the Case

Thomas M. Sullivan, Eileen S. Sullivan, Downey, Sullivan & Fitzgerald, Kansas City, for appellant.

James L. Gillham, Independence, I. Lee Kraft, Kansas City, for respondent.

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

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from judgment on trial de novo, Section 472.250, RSMo 1969, which, inter alia, removed Wayne R. Starr, Jr., as executor, denied his application for fees, and ordered him to make restitution to the estate in sum $126,741.40, for money improperly drawn by him as fees. The questions are whether Wayne R. Starr, Jr., has been guilty of misconduct and wrongful conduct as a fiduciary in the Estate of Elmer A. Gould; and...

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