ESTATE OF RENNER

No. 65546.

895 S.W.2d 180 (1995)

In the Estate of Alois S. RENNER, Deceased. Theodore L. KIRCHNER, Richard L. Kirchner, Leroy Kirchner and Patricia Brown, Appellants. v. Charley BUSCHLING, Individually and as Personal Representative of the Estate of Alois Renner, Lester Kirchner, Individually and as Personal Representative of the Estate of Alois Renner, Arthur S. Huff, Velma Miller, Twilla Groene, Erma Jean Hummel, Hilda Schutte, Thelma Wright, Carrie Stutz Mohr, Marilyn Wright Land, Wayne Wright, Lucille Soper, St. Paul United Church of Christ and Zion Cemetery, Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied March 20, 1995.

Application to Transfer Denied April 25, 1995.


Attorney(s) appearing for the Case

H. Scott Summers, Kahoka, for appellants.

Dennis W. Smith, Canton, Mark Steven Wasinger, Hannibal, for respondents.


Motion for Rehearing and/or Transfer to Supreme Court Denied March 20, 1995.

DOWD, Judge.

This is a will construction case. The children of a residuary beneficiary who predeceased the testator appeal the trial court's judgment that the words "per capita and not per stirpes" were sufficient to override the Anti-Lapse Statute, § 474.460, RSMo 1986, thereby excluding them from sharing in the residue of the estate. We reverse and remand.

Alois Renner...

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