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Home / Opinions / Courts / Court of Appeals, Southern District / Probate: Jurisdiction-Abatement

Probate: Jurisdiction-Abatement

Where appellant challenged the dismissal of her civil case claiming that her deceased husband had conveyed via beneficiary deed two parcels of land in fraud of her marital rights, the trial court properly treated the motion to dismiss as stating conditions invoking the doctrine of abatement, and appellant failed to argue that adequate relief was not available to her in the probate proceeding, so the judgment is affirmed because the court had the discretion to deny consolidation of the cases, and the court did not err in dismissing the civil case based on the abatement doctrine.

Judgment is affirmed.

Harris v. Edgar (MLW No. 73619/Case No. SD35905 – 10 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Phelps County, White, J. (David Michael Lowe, Waynesville, and Ronald Salvatore Ribaudo, Ballwin, for appellant) (Marilyn Walls Duncan, Van Alstyne, Texas, and R. Brooks Kenagy, Steelville, for respondent).