Opinion
Suit to revoke will probated by Missouri Court. On plaintiffs' motion for summary judgment, the District Court, Hulen, J., held that the summary judgment rule procedure in the federal courts did not supplant Missouri statutory provisions governing the subject.
Motion overruled.
See also, 13 F.R.D. 447.
Strom & Spradling, Cape Girardeau, Mo., and Homer F. Williams, Marble Hill, Mo., for plaintiffs.
Jacoby, Patton & Manns, Alton, Ill., and Finch & Finch, Cape Girardeau, Mo., for defendants.
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.