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BOUSKA v. BOUSKA

No. 37,624

168 Kan. 94 (1949)

211 P.2d 55

J.J. BOUSKA, as next friend of and for SOPHIA BOUSKA, Incompetent, Appellant, v. TONY W. BOUSKA, Executor of the Will and Estate of Anna Bouska, deceased; TONY W. BOUSKA and GEORGE F. BOUSKA, Appellees.

Supreme Court of Kansas.

Opinion filed November 12, 1949.

Attorney(s) appearing for the Case

N.J. Ward, of Belleville, argued the cause, and was on the briefs of the appellants.

Fred Swoyer, of Belleville, argued the cause, and Charles L. Hunt and Frank C. Baldwin, both of Concordia, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

The appeal here is from an order of the district court sustaining the demurrers of the respective appellees to the fifth amended petition and bill of particulars of the appellant.

The pertinent facts necessary to a determination of the correctness of the ruling of the trial court may be stated as follows: On February 22, 1942, Anna Bouska, a resident of Republic county,

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