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MATTER OF ESTATE OF STICKLER

No. 10198.

551 S.W.2d 944 (1977)

In the Matter of the ESTATE of Ada STICKLER, Deceased. FIRST CHRISTIAN CHURCH OF DEXTER, a corporation, and W. E. Babb, Jr., Plaintiffs-Respondents, v. Adeline LEAZENBY, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

May 26, 1977.

Attorney(s) appearing for the Case

Paul McGhee, James E. McGhee, McGhee & McGhee, Dexter, for defendant-appellant.

Powell, Ringer & Ringer, Dexter, for plaintiffs-respondents.

PER CURIAM.

May an absentee, who should have been joined as a party to a lawsuit but was not, emerge the victor? Under the unsavory facts here, this court answers the question in the affirmative.

This action was commenced by the filing of a "Petition to Discover Assets" (§ 473.340 V.A.M.S.) in the Probate Court of Stoddard County, Missouri. By agreement of the parties it was certified to the circuit court of that county for a nonjury trial. The petitioners...

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