Estate of Clark v. Finney

OPINION ON RESPONDENT’S MOTION FOR REHEARING OR FOR TRANSFER TO THE SUPREME COURT

Respondent’s motion for rehearing contends that § 472.150, RSMo 19781 invests the probate division with jurisdiction, at any time during administration on the estate of an incompetent, to vacate the order of adjudication, the provisions of Rule 75.01 to the contrary notwithstanding. Thus, the respondent argues, there was no error when the trial court reconsidered in November 1979 its decision reflected in its judgment of April 1979 and rescinded the earlier order declaring Clark to be a person of unsound mind.

As…