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MATTER OF ESTATE OF WALLER

No. 10492.

559 S.W.2d 312 (1977)

In the Matter of the ESTATE of Irvin WALLER, Deceased.

Missouri Court of Appeals, Springfield District.

November 22, 1977.

Attorney(s) appearing for the Case

James Edward Reeves, Ward & Reeves, Caruthersville, Veryl L. Riddle, G. William Weier, Bryan, Cave, McPheeters & McRoberts, St. Louis, L. Joe Scott, Poplar Bluff, for appellant Helen Waller.

William O. Welman, Welman, Beaton & Sharp, Kennett, for respondent Gordon F. Waller.

Before TITUS, P. J., and FLANIGAN and HOGAN, JJ.

FLANIGAN, Judge.

The two former co-executors of the will of Irvin Waller, deceased, are at war with each other on the issue of whether the estate should be reopened pursuant to § 473.147,1 which provides for the granting of "letters of administration of the goods remaining unadministered."

On October 30, 1975, Helen Waller, ("Helen"), sought to invoke § 473.147 by filing, in the Probate Court of Dunklin County, an "application...

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