Nancy Jo Jennings, Administrator Pendente Lite of The Estate of Bertha Blanche Don Carlos v. Russell E. Atkinson

Nancy Jo Jennings, in her capacity as administrator pendente lite of the Estate of Bertha Blanche Don Carlos (“the Estate”), appeals the circuit court’s judgment in favor of Russell E. Atkinson on her Petition for Discovery of Assets of the Estate. We reverse and remand.

Background

Franklin Don Carlos (“Franklin”) and Bertha Don Carlos (“Bertha”) 1 were married on March 28, 1935. Eleven years later, the married couple acquired 277.8 acres of property in Johnson County, Missouri (“the Johnson County property”), pursuant to a warranty deed dated March 1,1946. 2

On December 10, 1993, Franklin and…