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IN RE ESTATE OF SMITH

No. 44,767

199 Kan. 89 (1967)

427 P.2d 443

In the Matter of the Estate of Rachel J. Smith, Deceased. FLOYD M. SMITH, Appellant, v. JAMES DELMER BLUBAUGH, CLELLA EARLENE ZIMMERMAN, VELMA JEAN POLK, Appellees.

Supreme Court of Kansas.

Opinion filed May 13, 1967.

Attorney(s) appearing for the Case

John H. Shaffer, of Hutchinson, argued the cause, and Abraham Weinlood, Bill R. Cole, D. Stewart Oswalt and Porter K. Brown, of Hutchinson, were with him on the brief for the appellant.

Morris H. Cundiff, of Wichita, argued the cause, and Dale M. Bryant, Garner E. Shriver, Glenn J. Shanahan and W. Sherm Timmons, Jr., of Wichita, were with him on the brief for the appellees.

The opinion of the court was delivered by

O'CONNOR, J.:

This appeal arises out of a proceeding to determine the ownership of a savings account in The First National Bank of Hutchinson.

The over-all question is whether or not the appellant, Floyd M. Smith, is entitled to the balance of the account as a surviving joint tenant.

Rachel J. Smith died intestate on August 13, 1963, at the age of eighty-nine...

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