ROYSTON v. WATTS

No. WD 46049.

842 S.W.2d 876 (1992)

Burford ROYSTON, Respondent, v. Wendell W. WATTS, et al., Defendants, J.W. Ballew, et al., Appellants.

Missouri Court of Appeals, Western District.

Rehearing Denied December 22, 1992.


Attorney(s) appearing for the Case

Willard B. Bunch, Kansas City, for appellants.

W.F. Daniels, Fayette, for respondent.

Before LOWENSTEIN, C.J., and BERREY and BRECKENRIDGE, JJ.


LOWENSTEIN, Chief Judge.

This is a court tried matter on uncontested facts that seeks to determine via a partition of real estate, precisely whether the Anti-Lapse statute, § 474.460, RSMo.1986, applies to a will. In the will, certain legatees whose ancestor, also a legatee in the residuary estate, but who predeceased the testator, received specific shares in the residuary estate. Simplified, the main issue presented in this case is whether a specific residuary...

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