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TAYLOR v. COE

No. 12945.

675 S.W.2d 148 (1984)

John S. TAYLOR, et al, Plaintiffs-Appellants, v. Joan Taylor COE, et al, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

August 9, 1984.

Attorney(s) appearing for the Case

Sam R. Gardner, W. Dale Burke, Monett, Larry W. Meyer, Aurora, for plaintiffs-appellants.

Francis Oates, St. Louis, Emory Melton, Cassville, for defendants-respondents.

FLANIGAN, Presiding Judge.

This is an action to contest the will of Inez Catanya Hutchins, deceased, pursuant to the procedure set forth in § 473.083.1 Plaintiffs would take by intestacy if the action succeeded. Defendants are beneficiaries named in the will. On motion of a defendant the circuit court dismissed the action for non-joinder of a necessary party. Plaintiffs appeal.

On February 4, 1980, Inez Hutchins, a resident...

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