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235 Mo. App. 671

145 S.W.2d 157

Methodist Episcopal Church v. Thomas

Missouri Court of Appeals

Decided December 2, 1940

Missouri Court of Appeals · decided 1940-12-02

Cited by 2 later decisions — most recently February 1945

2 state decisions

Relies on Texas & N. O. R. Co. v. Weems

Good law ✅— No negative treatment on recordhow we know

Decided 1940-12-02

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¶1 Concurring Opinion.

BLAND, J.

¶2 The record fairly discloses that this cause was tried on the theory that the will is ambiguous and that extrinsic evidence was. competent. Examining this evidence I find it conflicting. The testimony of Mr. Trader, if believed, clearly and unmistakably, shows that the intention of the testator was as found by Judge Cave in his opinion. Consequently,' I do not feel that we should disagree with the conclusions reached by the trial court. [Hunnell v. Zinn, 184 S. W. 1157.]

Therefore, I concur in the result reached in Judge Cave’s opinion. Shain, P. J., concurs in this opinion and the result.
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