Freeman v. De Hart

ANDERSON, Judge.

This is a proceeding to contest the will of Adele M. Scholl, deceased. Contestants, Ray and Ethel Freeman, are legatees-named in a prior will. Contestant John C. Kappel, Jr., is named as executor in said prior will, with power to distribute the residuary estate to various charities of his own selection. The proponents of the will moved to dismiss the petition and cause of action on the ground that the contestants were not proper parties under Section 468.580 RSMo 1949, V.A.M.S. c. 475 Appendix. On March 19, 1956, the court sustained this motion as to John C. Kappel, Jr., but…