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STATE EX REL. ARMSTRONG, ET AL. v. KOHN

No. 75055.

850 S.W.2d 86 (1993)

STATE ex rel. ARMSTRONG, TEASDALE, SCHLAFLY, and DAVIS, et al., Relators, v. Honorable Louis M. KOHN, Judge, Circuit Court, St. Louis County, Respondent.

Supreme Court of Missouri, En Banc.

March 23, 1993.

Attorney(s) appearing for the Case

Robert S. Allen, David L. Coffman, St. Louis, for realtors.

Mark G. Arnold, St. Louis, for respondent.

ROBERTSON, Chief Justice.

The sole issue in this case is whether Section 473.147.2, RSMo 1986, authorizes a probate court to reopen a previously closed estate without averments in the pleadings that unadministered assets of the estate have been discovered. We hold that the trial court exceeded its authority in reopening the estate. Our preliminary Writ of Prohibition is made absolute.

I.

Thomas J. Corrigan, Sr., died testate on August 21, 1985. A...

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