Clair v. Whittaker

SEILER, Judge.

In this case we are called upon to interpret amended § 473.340, RSMo, Supp. 1975, which was enacted by the legislature in 1973, repealing former §§ 473.343-357, RSMo 1969, dealing with the jurisdiction of and procedure in actions in probate court for the discovery of assets. Specifically, we are asked to decide whether the jurisdiction of the probate court under § 473.340 encompasses a challenge by a residuary legatee to the validity of an inter vivos contract for the sale of personal property to which decedent’s estate would otherwise be bound.

*238Plaintiff-appellant Helen S. Clair…