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HULEN, District Judge. In a will contest, proceedings for establishing or setting aside a will, filed and probated, or rejected, by a Probate Court in Missouri, must be in accord with statutory law of Missouri, including trial by jury, or by the Court if jury is waived. Summary judgment rule procedure in the Federal Court does not supplant Missouri statutory provisions governing the subject.
Order
Motion of plaintiffs for summary judgment is overruled.
Document Info
Docket Number: No. 1554
Citation Numbers: 14 F.R.D. 20, 1953 U.S. Dist. LEXIS 3744
Judges: Hulen
Filed Date: 3/12/1953
Precedential Status: Precedential
Modified Date: 10/19/2024