IN RE ESTATE OF SCHWARTZE

Nos. 74156, 74417.

998 S.W.2d 596 (1999)

In re the ESTATE OF Josephine M. SCHWARTZE, Deceased. Leo Schwartze, Plaintiff-Appellant, v. Donald W. Schwartze, and Mildred M. Jennings, Personal Representatives of the Estate of Josephine M. Schwartze, and Donald W. Schwartze and Diana J. Schwartze, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Warrenton Division.

August 17, 1999.


Attorney(s) appearing for the Case

P. Dennis Barks, Hermann, MO, for plaintiff/appellant.

Robert M. Fenlon, Robert V. Krueger, Mexico, MO, for defendants/respondents.


LAWRENCE E. MOONEY, Judge.

Plaintiff, Leo Schwartze, appeals a judgment entered on a jury verdict for Defendants: his brother, Donald Schwartze, and his sister-in-law, Diana Schwartze. Plaintiff argues on appeal that the trial court erred in: (1) instructing the jury on fraud, instead of discovery of assets, (2) allowing witnesses to testify as to statements made by decedents in violation of the hearsay rule, (3) permitting...

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