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MATTER OF ESTATE OF ARNDT

No. WD 44107.

814 S.W.2d 712 (1991)

In Matter of the ESTATE OF Mary B. ARNDT, Deceased. Lee ARNDT, Respondent, v. Arthur DeMENT, Appellant.

Missouri Court of Appeals, Western District.

September 10, 1991.

Attorney(s) appearing for the Case

Stephen K. Nordyke, Butler, for appellant.

Ralph E. Smith, Butler, for respondent.

Before TURNAGE, P.J., and KENNEDY and BRECKENRIDGE, JJ.

KENNEDY, Judge.

A son of a decedent appeals from an order allowing the sum of $12,000 to the decedent's surviving husband as a family allowance. Section 474.260, RSMo (1986).

The son says $12,000 is too much.

What constitutes a reasonable allowance in a given case is "within the discretion of the court, guided by the circumstances of the case." Mahon v. Fletcher's Estate, 245 S.W. 372, 375 (Mo.App.1922). This remedial statute is to be "given...

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