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IN RE ESTATE OF ELLIS

Nos. 37,422 and 37,007

168 Kan. 11 (1949)

210 P.2d 417

In the Matter of the Estate of Ralph Ellis, Deceased; THE BOARD OF REGENTS OF THE STATE OF KANSAS, STATE OF KANSAS and UNIVERSITY OF KANSAS, Proponents, Appellants and Cross-appellees, v. IRENE S. ELLIS, Respondent, Appellee and Cross-appellant; THE LAWRENCE NATIONAL BANK OF LAWRENCE, KAN., Intervener and Appellee.

Supreme Court of Kansas.

Opinion filed October 8, 1949.

Attorney(s) appearing for the Case

George K. Melvin, of Lawrence, argued the cause, and Harold R. Fatzer, attorney general, L.P. Brooks, assistant attorney general, and A.B. Mitchell, of Topeka, were with him on the briefs for the proponents, appellants and cross-appellees.

Edward B. Kelly, of Oakland, Cal., argued the cause, and Robert Stone, of Topeka, and John W. Brand and R.B. Stevens, both of Lawrence, were with him on the briefs for the respondent, appellee and cross-appellant.

The opinion of the court was delivered by

THIELE, J.:

This appeal arises from a proceeding originally started on February 14, 1946, by the filing of a petition in the probate court by the attorney general on behalf of the state of Kansas for the probate of a document bearing the title "Agreement and Testamentary Disposition" and made under date of May 3, 1945, and later set forth herein. For present purposes it may be said the contractural features were between...

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