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  5. 693 S.W.2d 249 (1985)
 

ESTATE OF BERNSKOETTER

No. WD 35837.

693 S.W.2d 249 (1985)

In the Estate of: Catherine T. BERNSKOETTER, Deceased. Hubert B. BERNSKOETTER, Personal Representative, Appellant, v. Charlene KIXMILLER, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied July 2, 1985.

Application to Transfer Denied August 7, 1985.

Attorney(s) appearing for the Case

Dale C. Doerhoff, Cook, Vetter & Doerhoff, Jefferson City, for appellant.

Michael P. Riley, Carson, Monaco, Coil, Riley and McMillin, P.C., Jefferson City, for respondent.

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

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied July 2, 1985.

LOWENSTEIN, Judge.

This case presents a question of first impression: whether laches or acquiescence is an affirmative defense to a transfer of money in fraud of marital rights. The wife, Catherine T. Bernskoetter, who died intestate, and her husband had been married for 49 years and had 5 children. For approximately the last 20 years of the marriage, the wife had been...

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