MATTER OF ESTATE OF COMIA

No. 46188.

657 S.W.2d 63 (1983)

In the Matter of the ESTATE OF Joseph COMIA, Deceased.

Missouri Court of Appeals, Eastern District, Division One.

August 16, 1983.


Attorney(s) appearing for the Case

David R. Spitznagel, Clayton, for appellant.

Bernard A. Barken, Clayton, for Nicholas J. Riggio, Sr., pro se.


KAROHL, Judge.

Appellant, Deanna K. Comia, appeals from a probate court order which ruled that under § 474.260 she "has a legally protectable and possible coexistent interest with the surviving spouse of the decedent in the family allowance," the extent of which is to be determined at a future hearing.

Joseph Comia died testate on June 1, 1981, one month prior to Deanna's eighteenth birthday. The will, which was made prior to his second marriage, left...

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