BUCHANAN v. PHELPS

No. 71696.

955 S.W.2d 813 (1997)

Ellen E. BUCHANAN, Plaintiff-Appellant, v. Dr. William C. PHELPS, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

November 18, 1997.


Attorney(s) appearing for the Case

Elbert Dorsey, Law Office of Collier, Dorsey, Carter & Williams, St. Louis, for plaintiff-appellant.

Bryan Cave, LLP, John R. Haug, David S. Slavkin, St. Louis, for defendant-respondent.

Before ROBERT G. DOWD, Jr., P.J., and SIMON and HOFF, JJ.


ORDER

PER CURIAM.

Ellen E. Buchanan (Appellant) appeals from the judgment of the trial court granting summary judgment in favor of Dr. William C. Phelps (Respondent). Appellant argues the trial court erred in granting summary judgment because: (1) Respondent has the burden of proving due execution of the will by a preponderance of the evidence; and (2) two contradictory accounts of essential facts existed regarding decedent's testamentary capacity.

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