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VIENHAGE v. CARTER

No. 13288.

680 S.W.2d 749 (1984)

Carolyn VIENHAGE, Public Administrator of Greene County, Personal Representative of the Estate of Calley Columbis a/k/a Calley Calliope, Deceased, Plaintiff-Respondent, v. John CARTER, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied November 16, 1984.

Attorney(s) appearing for the Case

Henry S. Clapper, Monroe, Clapper & Randall, Monett, for defendant-appellant.

Jay P. Cummings, Gannaway, Fiorella & Cummings, Springfield, for plaintiff-respondent.

MAUS, Presiding Judge.

This action was commenced by the guardian of Calley Columbis to set aside a deed executed by her ward. Her petition alleged the deed was executed when the ward was incompetent, as the result of undue influence and was without consideration. The petition was filed on December 10, 1979. Trial was inordinately delayed by the hospitalization or illness of the defendant at the time of each trial setting. Ultimately, his deposition was taken by the...

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