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COLE v. ESTATE OF ARMSTRONG

No. 14031.

707 S.W.2d 459 (1986)

Richard T. COLE, Executor of the Estate of Ruth E. Long, Deceased, Plaintiff-Appellant, v. ESTATE OF Ralph J. ARMSTRONG, Deceased, Eleanor Adair Keeton Donica, Executrix, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

March 14, 1986.

Attorney(s) appearing for the Case

Preston H. Longino, Raytown, for plaintiff-appellant.

W. Dale Burke, Monett, Emory Melton, Cassville, for defendant-respondent.

FLANIGAN, Judge.

The executor of the estate of Ruth E. Long, deceased, ("Ruth"), filed a claim against the estate of Ralph J. Armstrong, deceased, ("Ralph"), in the Probate Division of the Circuit Court of Barry County. A request for jury trial was sustained and the cause was transferred to Division 1 of the Circuit Court. Ralph's executrix filed a motion to dismiss which the trial court sustained. No evidence was introduced at the hearing on the motion. Ruth's executor...

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