IN RE ESTATE OF SCHULZE

No. ED 81406.

105 S.W.3d 548 (2003)

In the ESTATE OF Hilda SCHULZE, Deceased.

Missouri Court of Appeals, Eastern District, Northern Division.

May 13, 2003.


Attorney(s) appearing for the Case

Thomas B. Burkemper, Troy, MO, for appellant.

Joel D. Brett, St. Charles, MO, for respondents.


MARY R. RUSSELL, Judge.

Friedens United Church of Christ ("Devisee") appeals from an order of the probate division of the Circuit Court of Lincoln County authorizing the sale of real property pursuant to an option granted by Hilda Schulze ("Decedent"). We find no error in that when the option was exercised, a contract arose that took priority over the devise of property to Devisee under Decedent's will.

On November 21, 1974, Decedent executed a last will and...

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