IN RE ESTATE OF EVANS

No. WD 31563.

614 S.W.2d 315 (1981)

In re the ESTATE OF Levi Webb EVANS, Deceased. James EVANS and Helen Evans, Appellants, v. Levi Webb EVANS, Deceased, R. Paul Evans, Administrator, Respondent.

Missouri Court of Appeals, Western District.

March 30, 1981.


Attorney(s) appearing for the Case

James B. Wilson, Windsor, for appellants.

Robert L. Cox, Poague, Wall, Eshelman & Cox, Clinton, for respondent.

Before KENNEDY, P. J., and SHANGLER and SOMERVILLE, JJ.


SHANGLER, Judge.

The appeal comes from an adjudication by the Probate Division of the Circuit Court on a petition by the administrator of an estate to discover assets. The question was whether a deposit of money made by the decedent to the account of the defendants belonged to them as a gift or was the property of the estate. The court determined that the money was a part of the estate and the defendants appeal.

The principals— the deceased [Levi Evans...

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