Smith v. Maynard

The plaintiff’s contentions with respect to waiver and estoppel are precluded by the majority decision in Clarke v. Organ, Mo., 329 S.W.2d 670. Except for quantum of *741evidence there is no basis to reassert a minority view. However, other questions presented have a different basis and render reliance upon waiver and estoppel unnecessary.

By Point 4 of his brief the plaintiff presents the theory that, the liability of the decedent being insured, the plaintiff is lawfully entitled to pursue his remedy in the circuit court without relying on the probate code and, if successful, to enforce…