Estate of MacKie v. MacKie

JOSEPH P. DANDURAND, Judge.

This is an appeal by the estate of Robert B. Mackie, through Jerry Mackie, personal representative, from an adverse judgment entered in the Circuit Court of Morgan County, probate division allowing the claim of the decedent’s former wife, Jeanette Mackie. In its sole point on appeal, the estate claims the trial court erred in allowing Ms. Mackie’s claim for maintenance against the estate, because the statutory presumption of termination of maintenance upon death of a party, pursuant to section 452.370.3, RSMo, 1 is not rebutted. The point is granted, the trial…