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ESTATE OF WOOLEY

No. WD 36087.

701 S.W.2d 440 (1985)

In the ESTATE OF Mae Kathryn WOOLEY, Deceased. Charles T. ELLIS and Edith LaNell Ellis, Respondents, v. The ESTATE OF Mae Kathryn WOOLEY, Robert S. Bauer, Personal Representative, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 3, 1985.

Application to Transfer Denied January 15, 1986.

Attorney(s) appearing for the Case

Walter D. McQuie, Jr., Montgomery City, for appellant.

Craig A. Van Matre, Columbia, for respondents.

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

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied December 3, 1985.

CLARK, Presiding Judge.

This appeal is from a decree which ordered appellant executor specifically to perform an agreement made by appellant's decedent with respondents to discount the balance payable under a real estate mortgage note. The issue is whether the unperformed contract of the decedent is specifically enforceable against the estate and the personal representative...

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