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HAYNES v. WILLIAMS

No. WD 35505.

686 S.W.2d 870 (1985)

John HAYNES and Beverly Spainhour, Appellants, v. Everett WILLIAMS, both personally and as Executor of the Estate of Clarence Williams, Deceased, and Julia Shipp and Mildred Mantzey, Respondents.

Missouri Court of Appeals, Western District.

February 19, 1985.

Attorney(s) appearing for the Case

John Franken, Carrollton, Harold L. Henry, West Plains, for appellants; Franken, Bryant & Franken, Carrollton, Henry, Henry & Henry, West Plains, of counsel.

Lloyd A. Cleaveland and James P. Valbracht, Chillicothe, for respondents; Cleaveland, Macoubrie, Cox & Valbracht, Chillicothe, of counsel.

Before PRITCHARD, P.J., and SHANGLER and BERREY, JJ.

PRITCHARD, Presiding Judge.

The issue is whether a sister, Katie Irene Haynes, of Clarence Williams, deceased, whose death in 1957 was known to him at the time he executed his will on May 10, 1963, was a member of the class of his "brothers and sisters" in Article Third of the Will, so that her children, appellants John Haynes and Beverly Spainhour, would take her share as substituted distributees and devisees, as they contend.

At the time of his death, November...

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