Moyer v. Walker

HOLSTEIN, Chief Judge.

Plaintiff James Marvin Moyer filed a three-count suit. In “Count One” he sought to be declared the natural child of decedent Marvin D. Walker, Sr. In “Count Two” he contested a will of the decedent dated October 18, 1978, and admitted to probate April 21, 1986, claiming the will was improperly executed and attested and that it was the result of undue influence. “Count Three” sought a declaratory judgment that plaintiff is an omitted child of decedent entitled to inherit under § 474.240.1. 1 Following a trial to the court, judgment was entered declaring plaintiff to be…