[Download] "J. Vernon Mccandlish v. Estate Ralph W." by Missouri Court of Appeals Kansas City District * Book PDF Kindle ePub Free

eBook details

Title: J. Vernon Mccandlish v. Estate Ralph W.
Author : Missouri Court of Appeals Kansas City District
Release Date : January 25, 1973
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

Appellant made a claim in the probate court which alleged breach by decedent of his personal promise to reimburse appellant for loss of pension rights in the conceded value of $15,997.37 which resulted when appellant resigned his reserve commission in the United States Army at the request of decedent so that appellant could continue the management of decedent's business. Appellant thereafter amended his claim in the probate court to allege breach by decedent of his contract to reimburse appellant by specific bequest in his will. There was demand for jury trial on the claim and the cause was transferred to the circuit court for determination as authorized by § 473.420(2), RSMo 1969. At the Conclusion of the pleadings the circuit court sustained the motion of respondent Executor for summary judgment and assigned as reasons: 1) the amended claim was barred by the non-claim statute, § 473.360 and 2) if there was an enforceable claim, the obligation created by the contract had been substantially complied with and discharged by the provision of decedent's will whereby appellant received considerably more than $15,997.37, the amount of his claim. Appellant contends that summary judgment for the Executor was inappropriate because, as a matter of law, his amended claim was timely filed because it relates back to the original claim which was not barred by either the non-claim statute or the general five year limitation statute and that, in any event, whether the provision made for appellant in decedent's will is a specific bequest, as the court determined, or a general bequest, as appellant contends, presents a genuine issue of material fact for the jury.