Younghaus v. Lakey

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from summary judgment of dismissal of plaintiffs’ action for determination and declaration under Section 527.040, RSMo 1969, that they are the heirs at law of Dave Yolk, deceased, and entitled to succeed to his property. The dispositive question is whether the circuit court properly determined it was without jurisdiction for the reason that the Probate Court of Livingston County had assumed and exercised full jurisdiction over the issue of heir-ship and its collateral incidents. Affirmed.

*31Dave Volk died intestate January 23, 1971, a resident of…