Hubbard v. Estate of Happel

DOERNER, Commissioner.

In lieu of the usual transcript, the parties to this appeal filed a statement of the case, which was approved by the trial court and certified as the transcript on appeal. Civil Rule S3.13, V.A.M.R. Since it is relatively short we quote it in its entirety:

“Moritz Happel died in Hannibal, Missouri on March 31, 1960 and his wife, Margaret L. Happel was appointed Executrix of his Last Will and Testament on April 25, 1960 by the Probate Court of Marion County, Missouri.

“Thereafter Claimant Walter Hubbard filed his demand in the Probate Court of Marion County, Missouri on…