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SUMMERS v. SITZE

No. 40594.

580 S.W.2d 562 (1979)

Mason SUMMERS and Violet Summers, Plaintiffs-Respondents, v. Carl SITZE, Sandy Sitze, Fred G. Schwebel, William Schwebel, Edward Schwebel, Dorothy Schwebel Handley, Edwin J. Schwebel, Robert E. Schwebel, Roberta Ann Erhart, Hildegard A. Nolan and Marguerite Siefert, Defendants-Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

March 20, 1979.

Attorney(s) appearing for the Case

Northcutt Coil, Clayton, for defendants-appellants.

William F. James, Walter A. Hilgendorf, St. Louis, for plaintiffs-respondents.

CRIST, Judge.

Action to establish a will. A jury trial resulted in a verdict for the plaintiffs. We affirm.

On January 21, 1966, George A. Schwebel executed a three page will in proper form with proper attestation. The material part of that instrument, showing subsequent alterations, is as follows:

"SECOND: I give, devise and bequeath all of my property, both real and personal, wherever located and of whatever nature, to Marguerite...

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