WHITE v. MULVANIA

No. 60329.

575 S.W.2d 184 (1978)

Grace WHITE, Dorothy Bennett Brooks, William A. Bennett, Lee Bennett and Gerald Bennett, Appellants, v. Walter L. MULVANIA, Executor of Estate of Mary Bennett, Deceased, Howard Wenger, Executor of Estate of Mary Bennett, Deceased, in Iowa, Joseph Lionel Smith, Cinthia Ann Smith, Saint Vincent Home, Harriett Garrett, John Garrett, John Gude, Clara Jean Gude, Hugh Gardner, and Alton Vogel, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 8, 1979.


Attorney(s) appearing for the Case

Joseph L. Flynn, St. Joseph, for appellants.

Theodore M. Kranitz, St. Joseph, Stephen A. Lovejoy, Lincoln City, Or., for respondents.


SEILER, Judge.

This case was transferred here by the court of appeals, Kansas City district, because of the general interest and importance of the question involved and for clarification of the law in light of a possible conflict between its decision and O'Leary v. McCarty, 492 S.W.2d 124 (Mo.App.1973).

The case presents two issues. The first is whether plaintiffs have sufficiently pleaded fraud by alleging that the...

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