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UNSEL v. MEIER

No. 21489.

972 S.W.2d 466 (1998)

Vivian Hart UNSEL and Junior Bud Unsel, her husband, all living heirs of Vivian Hart Unsel, and all unborn and unascertainable heirs of Vivian Hart Unsel; Judith Ann Hampton Hunt Daniels and Bobby Donald Daniels, her husband, all living heirs of Judith Ann Hampton Hunt Daniels, and all unborn and unascertainable heirs of Judith Ann Hampton Hunt Daniels; Lena Hart Hampton, single, all living heirs of Lena Hart Hampton, and all unborn and unascertainable heirs of Lena Hart Hampton; James K. Hampton and Kathleen Burke Hampton, all living heirs of James K. Hampton, and all unborn and unascertainable heirs of James K. Hampton, Petitioners-Respondents, v. Mary Hart MEIER and Louis Meier, her husband, all living heirs of Mary Hart Meier, and all unborn and unascertainable heirs of Mary Hart Meier; Helen Hart Mahew, single, all living heirs of Helen Hart Mahew, and all Unborn and Unascertainable Heirs of Helen Hart Mahew; Martha Hart Mahew and Donnell Mahew, Her Husband, all Living Heirs of Martha Hart Mahew, and all Unborn and Unascertainable Heirs of Martha Hart Mahew; Anne Hart Dial and Taylor Dial, her husband, all living heirs of Anne Hart Dial, and all unborn and unascertainable heirs of Anne Hart Dial; Kay Hart Sides and James Sides, her husband, all living heirs of Kay Hart Sides, and all unborn and unascertainable heirs of Kay Hart Sides; Harry Thomas Hart, Jr., and Beverly Hart, his wife, all living heirs of Harry Thomas Hart, Jr., and all unborn and unascertainable heirs of Harry Thomas Hart, Jr.; Louise Stepp Aston and Harold Aston, her husband, all living heirs of Louise Stepp Aston, and all unborn and unascertainable heirs of Louise Stepp Aston, Respondents-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer to Denied May 22, 1998.

Application for Transfer Denied August 25, 1998.

Attorney(s) appearing for the Case

John D. Harding, Limburgh, Russell, Payne & Howard, Cape Girardeau, for Appellants.

David Potashnick, Sikeston, for Respondents.

Motion for Rehearing and Transfer to Supreme Court Denied May 22, 1998.

SHRUM, Judge.

In this partition lawsuit, Appellants charge that the trial court erred in deciding the present ownership of entailed and fee interests in certain real estate.

Questions about ownership interests arose because Vivian Hart Unsel (Vivian) adopted her niece, Judith Hart Daniels (Judith). Vivian owned an entailed interest in the subject land but had no children or other...

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