Atherton v. Atherton

This case originated in the Probate Court of Carroll County, Missouri, wherein the appellants, brother and sister, filed an affidavit to discover assets under Sections 473.340, 473.350, V.A.M.S., in the estate of their deceased father, Lester Atherton. The respondent is also a brother of the plaintiffs and thus all parties are heirs of Lester Atherton.

In the appellants’ affidavit to discover assets, they charge in the language of the statute that their brother Harold had concealed, embezzled or otherwise unlawfully withheld personal property of the defendant which should properly be a part of…