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eBook details

• Title: Estate Harry Goldenberg v. Patrick M.
• Author : Missouri Court of Appeals Eastern District
• Release Date : January 10, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Yolande Goldenberg Gray appeals from the order of tMe trial court dismissing with prejudice her second amended petition for
discovery of assets. 1 Harry Goldenberg died October 14, 1969. Mrs. Gray was his widow and was named co-executor of his will along with her son,
Jerome B. Goldenberg. Inventory of the estate was filed in April 1970. In May 1971, Mrs. Gray filed her affidavit for citation
to discover assets pursuant to the then applicable statute, Sec. 473.340, R.S.Mo. 1969. This document charged that Jerome
B. Goldenberg concealed or embezzled or otherwise wrongfully withheld personal property of the estate of Harry Goldenberg.
In June 1971 the court, on its own motion, removed the co-executors and appointed the Public Administrator, Patrick M. Fiandaca
III, administrator c.t.a.d.b.n.; Edward L. Thomeczek, deputy public administrator, actually has been handling the estate.
In September 1976, upon the motion of Mrs. Gray, the probate court Judge disqualified himself as to the citation to discover
assets and certified that affidavit to the Circuit Court for hearing and determination. In October 1977, Mrs. Gray filed her
second amended petition for discovery of assets, pursuant to the then applicable statute, Sec. 473.340, R.S.Mo. 1969 Supp.
1975. All respondents moved to strike portions of the petition which motions were granted July 18, 1978. In addition Fiandaca
and Thomeczek moved to dismiss and that motion was also granted on July 18, 1978. On July 26, 1978, Mrs. Gray filed a motion
for rehearing and on October 17, 1978, filed a motion for clarification of the July 18 order. This latter motion was premised
upon an asserted confusion as to whether that order was intended to serve as a dismissal with prejudice as to all respondents
or was intended to allow Mrs. Gray to amend or file a third amended petition. On October 20, 1978, respondent Goldenberg
filed his motion to dismiss the second amended petition. On that same day all pending motions were heard as well as an oral
motion of Mrs. Gray for leave to amend. On October 23, 1978, the court sustained Goldenberg's motion to dismiss, and ordered
that that order as well as the order of July 18 be entered as final appealable orders. By implication Mrs. Gray's motion for
leave to amend was denied. This appeal followed.

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