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IN RE MARRIAGE OF WILSON

No. 62,028

245 Kan. 178 (1989)

777 P.2d 773

In the Matter of the Marriage of ANITA S. WILSON, Appellee, and CHARLES L. WILSON, through Joyce Simpson, Administrator of the Estate of Charles L. Wilson, Appellant.

Supreme Court of Kansas.

Opinion filed July 14, 1989.

Attorney(s) appearing for the Case

Craig W. Campbell, of Joseph, Robison & Anderson, P.A., of Wichita, argued the cause, and Charles E. Millsap, of the same firm, was with him on the brief for appellant.

W.J. Fitzpatrick, of Fitzpatrick & Bass, of Independence, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

In this divorce action the issue is the matrimonial status of the parties where one party dies between the time the trial court orally grants the divorce and the filing of the journal entry. The district court set aside the journal entry and held the parties were married at the time of the death of Charles L. Wilson. The administrator of Charles' estate appealed from said judgment and the same was affirmed...

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