Bras v. First Union Trust Co.

DIXON, Judge.

This is an appeal from the Circuit Court, Probate Division, denying a claim against a decedent’s estate on the ground the claim was barred by § 516.120 RSMo 1978, the limitations statute.

The issue for determination is the application of the limitations statute in the factual context presented.

Glenn Bras gave Jason V. Ott, his son-in-law, $11,250 sometime in July, 1962. On July 31, 1962, an undated memorandum signed by Ott was delivered to Mrs. Glenn Bras. The memo is as follows:

Dear Glenn

This letter is a receipt on a part payment of $7,500.00 and $3,750.00 totaling $11,250.00 for…