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DOBBINS v. HUPP

Nos. KCD 28609 and KCD 28621.

562 S.W.2d 736 (1978)

June Carl DOBBINS et al., Contestants-Appellants, v. Alfred R. HUPP, as Executor of the Estate of Cora Fowler, Deceased, Alfred R. Hupp, as Trustee-Legatee, Leonard S. Van Dyke and John P. Huston, Trustee-Legatees, Carlton Knight, as Trustee-Legatee, et al., and John D. Ashcroft, Attorney General, Intervenor-Proponent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied February 27, 1978.

Application to Transfer Denied April 10, 1978.

Attorney(s) appearing for the Case

Ike Skelton, Jr., Robert L. Langdon, Lexington, James S. Millett, Kingston, Bradley, Skelton & Schelp, Lexington, for contestants-appellants.

William Aull, III, D. W. Sherman, Jr., Aull & Sherman, Lexington, for respondents.

John D. Ashcroft, Atty. Gen., B. J. Jones, Asst. Atty. Gen., Jefferson City, for intervenor-proponent, attorney general.

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

DIXON, Judge.

This is a suit to contest a joint and mutual will upon the ground of undue influence. The contestants prevailed in the jury trial. The trial court set aside the jury verdict and entered judgment for the proponents. The contestants have appealed. The contestants are the nieces and nephews of the brother and sister who made the will. The proponents are the executor, the trustees under a charitable trust, and the Attorney General of Missouri who intervened...

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