Kinsella v. Landa

GUNN, Presiding Judge.

Appellant was ordered dismissed as a party plaintiff in a will contest in the circuit court of the City of St. Louis on the ground that she lacked the requisite statutory interest in the probate of the will. She has appealed. The core issue for our determination is whether the right to contest a will is descendible.

The record discloses that in April, 1974, Lillian L. Kottenhoefer (hereinafter “Testatrix”) died unmarried and without living descendants. Her closest surviving collateral relative was Frank Kottenhoefer, Jr., a nephew. On May 13, 1974, a writing dated August…