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KINSELLA v. LANDA

No. 41336.

600 S.W.2d 104 (1980)

Mrs. John KINSELLA, (Plaintiff) Appellant, and Monsignor John T. Gulczynski, Pastor of St. Thomas Acquinas Catholic Church, (Plaintiff-Intervenor) (Cross-Claim Defendant) Respondent, v. Frank S. LANDA, as Executor Under a Purported Last Will and Testament Dated August 19,1971, of Lillian B. Gleason, also known as Elizabeth L. Kottenhoefer and Frank S. Landa, (Defendant) Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied May 19, 1980.

Application to Transfer Denied July 15, 1980.

Attorney(s) appearing for the Case

Husch, Eppenberger, Donohue, Elson & Cornfeld, John H. Percy, St. Louis, for appellant.

William A. Ens, St. Louis, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 19, 1980.

GUNN, Presiding Judge.

Appellant was ordered dismissed as a party plaintiff in a will contest in the circuit court of the City of St. Louis on the ground that she lacked the requisite statutory interest in the probate of the will. She has appealed. The core issue for our determination is whether the right to contest a will is descendible.

The record discloses that in April,...

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