Bailey v. Richardson

MANFORD, Judge.

This is an original action in equity seeking specific performance of an oral agreement to devise real property. The circuit court entered a judgment of dismissal of the petition on the grounds that the cause of action was a claim within § 473.360, RSMo 1978, and by failure to have filed same within six months, the cause was *721barred. The judgment is reversed and the cause remanded.

Appellant’s father, Chester Bailey, died on March 8, 1980. He was predeceased by his wife and appellant’s mother, Hazel Bailey in January, 1979. Chester Bailey left a will and first codicil. In addition…