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IN RE ESTATE OF HORTON

No. 11481.

606 S.W.2d 792 (1980)

In re the ESTATE of Pearl I. HORTON, Deceased. Sandra SHUEY, Plaintiff-Respondent, v. Lee Roy WILLARD, Individually and as Executor of the Estate of Pearl I. Horton, Deceased, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

October 15, 1980.

Attorney(s) appearing for the Case

Kenneth A. Wagoner, Moore & Brill, West Plains, for plaintiff-respondent.

Harold L. Henry, Henry, Henry & Henry, West Plains, for defendant-appellant.

PREWITT, Judge.

Respondent is the residuary legatee of Pearl I. Horton's will. Mrs. Horton, respondent's grandmother, died January 1, 1978. On March 20, 1978, respondent filed a petition to remove appellant as executor of the estate pursuant to § 473.140, RSMo 1969. In that petition respondent alleged that appellant is a nonresident of Missouri and also was "unsuitable to serve as Executor ... as he has an interest adverse to that of the Estate." The same day...

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