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KLEIM v. SANSONE

No. SC 88749.

248 S.W.3d 599 (2008)

Cynthia KLEIM, Appellant, v. Gregory SANSONE, Respondent.

Supreme Court of Missouri, En Banc.

April 1, 2008.

Attorney(s) appearing for the Case

Monnye R. Gross, Clayton, for appellant.

Richard A. Wier, St. Louis, Joseph R. Dulle, Paul J. Puricelli, St. Louis, for respondent.

MICHAEL A. WOLFF, Judge.

Issue

Does filing a will contest petition in the probate division before the will is admitted to probate constitute a filing in a court that lacks jurisdiction or a premature filing warranting dismissal?

Facts and Background

Elden Choisser died on August 18, 2005, at the age of 91. The night before he died, Choisser executed a will in which he devised the majority of his estate to Gregory Sansone, Choisser's neighbor...

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