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ALBRIGHT v. ALBRIGHT

No. WD 49693.

901 S.W.2d 144 (1995)

Tim ALBRIGHT, et al., Respondents, v. Joseph Elmer ALBRIGHT, et al., Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 30, 1995.

Application to Transfer Denied July 25, 1995.

Attorney(s) appearing for the Case

William David Powell, Columbia, for appellants.

Danieal Howard Miller, Daniel Ray Dunham, Columbia, for respondents.

Before KENNEDY, P.J., and LOWENSTEIN and HANNA, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 30, 1995.

KENNEDY, Presiding Judge.

This is a will contest, section 473.083, RSMo 1994, which seeks to set aside the will of Elmer Adolph Albright as totally inoperative. The contestants' argument is that the will was conditional, and that the condition failed. The argument, if accepted, would leave the decedent intestate.

A will is inoperative if it was intended by the testator to be...

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