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SHELTON v. MISSOURI BAPTIST FOUNDATION

No. KCD 29752.

573 S.W.2d 121 (1978)

Clifford P. SHELTON, Plaintiff-Appellant, v. MISSOURI BAPTIST FOUNDATION, a Missouri Corporation, and Dr. T. W. Nelson, Executor of the Purported Last Will and Testament of Fannie Shelton Bliss, Defendants-Respondents.

Missouri Court of Appeals, Kansas City District.

October 30, 1978.

Attorney(s) appearing for the Case

Darwin E. Johnson, Linde, Thomson, Fairchild, Langworthy & Kohn, Kansas City, for plaintiff-appellant.

Collins & Grimm, Macon, for defendants-respondents.

Before HIGGINS, Special Judge Presiding, and PRITCHARD, J., and ROBERT R. WELBORN, Special Judge.

ROBERT R. WELBORN, Special Judge.

At trial, in a will contest, plaintiff moved for a continuance and, after the motion was denied, stood on his motion and took no part in the trial. At the close of defendants' evidence, a directed verdict was entered for defendants. Plaintiff appeals.

Clifford P. Shelton filed suit on July 1, 1975 challenging the will of his sister, Fannie Shelton Bliss. Count I of the petition alleged incompetence of the testator and undue...

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