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BAILEY v. RICHARDSON

No. WD 34104.

667 S.W.2d 720 (1984)

Sylvia M. BAILEY, Appellant, v. Noel RICHARDSON, James T. Cronin, Shirley B. Cronin and John Doe and Mary Roe, and Legatees, devisees, heirs at law and all persons interested under the Will or in the Estate of the deceased, Chester I. Bailey, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied March 27, 1984.

Attorney(s) appearing for the Case

Joyce B. Kerber of Paxton & Block, P.C., Independence, for appellant.

John W. Dennis, Jr., of Paden, Welch, Martin, Albano & Graeff, P.C., Independence, for respondents.

Before MANFORD, P.J., and CLARK and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied March 27, 1984.

MANFORD, Judge.

This is an original action in equity seeking specific performance of an oral agreement to devise real property. The circuit court entered a judgment of dismissal of the petition on the grounds that the cause of action was a claim within § 473.360, RSMo 1978, and by failure to have filed same within six months, the cause was

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