KRUEGER v. FARMERS AND MERCHANTS BANK

No. 83-1760.

721 F.2d 640 (1983)

Wilma KRUEGER and Harold Stuller, Appellants, v. FARMERS AND MERCHANTS BANK OF HANNIBAL, MISSOURI, Executor of the estate of Charles Six, Dorothy James and Jean Chapman, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 23, 1983.


Attorney(s) appearing for the Case

Michael J. Hollahan, Tucker & Hollahan, Pittsfield, Ill., Howard Snowden, La Grange, Mo., for appellants.

Charles E. Rendlen, Branham Rendlen, Rendlen, Rendlen, Ahrens, Browne & Rendlen, P.C., Hannibal, Mo., for appellees.

Before HENLEY, Senior Circuit Judge, and J.R. GIBSON and FAGG, Circuit Judges.


PER CURIAM.

The parties having failed to raise the issue, we are obliged to address the question of subject matter jurisdiction on our own motion. A short statement of the case's factual and procedural background will suffice.

Wilma Krueger and Harold Stuller attack the validity of a will executed by Charles Six on May 6, 1981, and admitted to probate in state court on the ground that Six was of "unsound mind and memory" at the time of its making. The plaintiffs...

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