ANDERSON v. WITTMEYER

No. WD 48065.

895 S.W.2d 595 (1995)

Ruthmary ANDERSON, et al., Appellants, v. Rozella Lee WITTMEYER, et al., Respondents.

Missouri Court of Appeals, Western District.

Rehearing Denied May 2, 1995.


Attorney(s) appearing for the Case

James P. Moroney, Kansas City, for appellants.

Jeffrey S. Bay, Guy A. Magruder, Jr., Van Osdol, Magruder, Erickson and Redmond, P.C., Kansas City, for respondents.

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


LOWENSTEIN, Presiding Judge.

This is an appeal from a jury trial contesting the validity of a putative will executed shortly before the decedent, John Cogswell's (Cogswell) death. Cogswell was admitted to the hospital July 27, 1990, executed the contested will on July 28, 1990, and died July 31, 1990 at the age of 89.

The facts relevant to this appeal are as follows: Cogswell was married to his second wife for almost 50 years. She predeceased him by approximately...

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