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HYSON v. JONES

No. ED 84751.

163 S.W.3d 518 (2005)

Marion L. HYSON, Plaintiff/Counterclaim Defendant/Respondent, v. James W. JONES, and Defendant/Appellant, Shirley Ferguson, Defendant/Crossclaim Defendant, and James J. Below and Mary Below, Defendants/Counterclaimants/Crossclaimants/Appellants, and James J. Below and Mary Below, Defendants/Counterclaimants/Crossclaimants/Appellants, v. Phyllis Schwab, Personal Representative of the Estate of Beulah Green, Crossclaim Defendant.

Missouri Court of Appeals, Eastern District, Division Four.

May 3, 2005.

Attorney(s) appearing for the Case

James E. Spain, Poplar Bluff, MO, Attorney for James W. Jones; James J. Below and Mary Below.

Tom K. O'Loughlin II, Counsel, and Erica Dawn Koetting, Co-Counsel, O'Loughlin, O'Loughlin & Koetting, L.C., Cape Girardeau, MO, Attorney for Marion L. Hyson.

Chris N. Weiss, Lichtenegger Law Firm, Jackson, MO, Attorney for Phyllis Schwab.

Before LAWRENCE E. MOONEY, P.J. and LAWRENCE G. CRAHAN, J. and MARY K. HOFF, J.

ORDER

PER CURIAM.

James W. Jones (Jones), James J. Below, and Mary Below (Belows) appeal the trial court judgment entered, after a non-jury trial, in favor of Marion L. Hyson (Hyson) on Hyson's petition to set aside a Will and related Deeds and other instruments executed by Beulah Green (Decedent) in favor of Jones on the ground of undue influence. In its judgment setting aside the Will and decreeing that title to the real estate was subject to administration...

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