YOUNGHAUS v. LAKEY

No. 28461.

559 S.W.2d 30 (1977)

Thelma YOUNGHAUS et al., Appellants, v. Marguerite LAKEY et al., Respondents.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied August 29, 1977.

Application to Transfer Denied October 11, 1977.


Attorney(s) appearing for the Case

Robert F. Pyatt, Chillicothe, for appellants.

Don Chapman, Jr., Robert E. Cowherd, Chapman & Chapman, Chillicothe, for respondents.

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


ANDREW JACKSON HIGGINS, Special Judge.

Appeal from summary judgment of dismissal of plaintiffs' action for determination and declaration under Section 527.040, RSMo 1969, that they are the heirs at law of Dave Volk, deceased, and entitled to succeed to his property. The dispositive question is whether the circuit court properly determined it was without jurisdiction for the reason that the Probate Court of Livingston County had assumed and exercised full jurisdiction...

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