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SWINNEY v. CUMMINGS

No. 10942.

581 S.W.2d 474 (1979)

Lillian SWINNEY et al., Plaintiffs-Appellants, v. Otto CUMMINGS, Executor, et al., Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Three.

May 9, 1979.

Attorney(s) appearing for the Case

John L. Woodward, Steelville, for plaintiffs-appellants.

J. Kent Howald, Beckham, Hale & Howald, Steelville, for defendants-respondents.

BILLINGS, Judge.

Plaintiffs, initially claiming to be heirs at law of Martha C. Hell, brought this suit seeking to have her will declared invalid. The will had been admitted to probate and letters testamentary issued. By an amended petition, plaintiffs alleged they were beneficiaries under a prior will of Martha C. Hell. Defendants, legatees in the probated will, filed their motion to dismiss the plaintiffs' suit. The trial court dismissed the suit. We affirm.

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