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IN RE ESTATE OF SMITH

Nos. 37,616 and 37,683

168 Kan. 210 (1949)

212 P.2d 322

In re Estate of Adele A. Smith, Deceased, et al., Appellees, v. GEORGE C. DAVIS, et al., Appellants.

Supreme Court of Kansas.

Opinion filed December 10, 1949.

Attorney(s) appearing for the Case

Bert J. Lempenau, of Topeka, and Walter A. Raymond, of Kansas City, Mo., argued the cause, and Sam B. Bartlett, of Kansas City, Mo., was with them on the briefs for the appellants.

John S. Dean, Jr., and Peter F. Caldwell, both of Topeka, argued the cause, and Ralph F. Glenn, of Topeka, was with them on the briefs for the appellees.

Edward Curry, of Topeka, was on the briefs as guardian ad litem of Adrian Wallace Whited, appellee.

The opinion of the court was delivered by

WEDELL, J.:

Two appeals arise out of proceedings by heirs at law to contest the probate of the will of Adele A. Smith, deceased. The two proceedings were consolidated in the district court and the appeals likewise have been consolidated here.

The heirs at law are a niece and two nephews of Adele A. Smith, deceased, and are children of a prior deceased half sister of Adele A. Smith, testatrix of the instant...

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