ESTATE OF BUSCH v. FERRELL-DUNCAN CLINIC

No. 66696.

700 S.W.2d 86 (1985)

ESTATE OF Leo A. BUSCH, Deceased, Respondent, v. FERRELL-DUNCAN CLINIC, INC., Appellant.

Supreme Court of Missouri, En Banc.

November 21, 1985.


Attorney(s) appearing for the Case

Tom G. Pyle, Springfield, for appellant.

Leland C. Bussell, Springfield, for respondent.


BILLINGS, Judge.

Appeal by a creditor from the denial of its claim against a decedent's estate because it was barred by the nonclaim statute, § 473.360, RSMo 1978. The issue raised is whether a creditor may constitutionally be barred when the only notice given of the appointment of a personal representative for decedent's estate is publication notice in accordance with § 473.033, RSMo 1978. We have jurisdiction because of the constitutional attack on the...

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