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COOL v. REED

No. 67821.

717 S.W.2d 518 (1986)

Henry COOL and Mary Kay Volpe, Plaintiffs-Appellants, v. Anny REED, Defendant-Respondent.

Supreme Court of Missouri, En Banc.

October 14, 1986.

Attorney(s) appearing for the Case

John L. Sullivan, St. Louis, for plaintiffs-appellants.

Allen J. Bloom, St. Louis, for defendant-respondent.

BILLINGS, Judge.

Appeal by two heirs from the dismissal of their will contest action because it was barred by § 473.083, RSMo Supp.1984. The issue is whether an heir may constitutionally be barred from filing a will contest by the limitations provisions of § 473.083 when no actual notice has been given to the heir of admission of a will to probate and the consequent limited right of contest. No such notice is required to be given by the statute. As to appellant...

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