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IN RE OTT

No. WD 32356.

630 S.W.2d 182 (1982)

In re Jason V. OTT, Deceased. Glenn BRAS, Petitioner-Appellant, v. FIRST UNION TRUST CO. OF KANSAS CITY, Respondent.

Missouri Court of Appeals, Western District.

As Modified on Denial of Rehearing March 2, 1982.

Attorney(s) appearing for the Case

Frank P. Sebree, Sam L. Colville, John F. Murphy, Kansas City, for petitioner-appellant; Shook, Hardy & Bacon, Kansas City, of counsel.

Heywood H. Davis, Christopher J. Anderson, Kansas City, David J. Waxse, Olathe, for respondent; Dietrich, Davis, Dicus, Rowlands & Schmitt, Kansas City, Payne & Jones, Chartered, Olathe, Kan., of counsel.

Before MANFORD, P. J., and DIXON, and NUGENT, JJ.

DIXON, Judge.

This is an appeal from the Circuit Court, Probate Division, denying a claim against a decedent's estate on the ground the claim was barred by § 516.120 RSMo 1978, the limitations statute.

The issue for determination is the application of the limitations statute in the factual context presented.

Glenn Bras gave Jason V. Ott, his son-in-law, $11,250 sometime in July, 1962. On July 31, 1962, an undated memorandum signed by Ott was delivered...

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