In Re the Estate of Phillips

Abbott, J.:

This is an appeal from an order determining the legal residence of the decedent, Robert L. Phillips, to have been in the State of Missouri at the time of his death. His widow, Thelma L. Phillips, appeals.

The practical importance of determination of decedent’s residence is that if he died a resident of the State of Kansas, his widow is entitled to claim one-half of the estate, but if the decision of the trial court that decedent died a resident of the State of Missouri is affirmed, the widow would be entitled to a significantly smaller share of the estate. The reason for this result…