ESTATE OF PAYNE v. HOWELL

No. WD 34310.

671 S.W.2d 390 (1984)

In re ESTATE OF Harold D. PAYNE, Deceased, Eldon Young, Respondent, v. Charles W. HOWELL and Delphia I. Howell, Appellants.

Missouri Court of Appeals, Western District.

May 22, 1984.


Attorney(s) appearing for the Case

John M. Belisle and J.D. Baker, Osceola, for appellant; Belisle & Baker, Osceola, of counsel.

Ewing, Carter, McBeth, Smith, Gosnell, Vickers & Hoberock, Gerald D. McBeth, Nevada, for respondent.

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


PRITCHARD, Presiding Judge.

In this discovery of assets proceeding, the only issue presented is the ownership of a checking account in the Metz Banking Company, Metz, Missouri, as between respondent and appellants, in the amount of $2,208.76. The trial court found that plaintiff's decedent, Harold D. Payne, was the owner of the account, and that there existed a confidential relation between the decedent and appellants,...

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