CYNTHIA HARRIS, Plaintiff- Missouri Cases

Cynthia Harris appealed the circuit court's dismissal of her civil action against Anna Mae Edgar and other heirs, in which she alleged her deceased husband fraudulently conveyed land in derogation of her marital rights. The circuit court dismissed the case without prejudice, applying the doctrine of abatement because a prior probate proceeding involving the same estate and property was already pending. The appellate court affirmed, holding that the abatement defense was not waived, the probate proceeding had exclusive jurisdiction, and the trial court did not abuse its discretion by dismissing rather than consolidating the cases.