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IN RE ESTATE OF SPARK

No. 37,695

168 Kan. 270 (1949)

212 P.2d 369

In the Matter of the Estate of Henry J. Spark, Deceased. (GERALDINE BROWN, Appellee, v. CLIFFORD H. PUGH, Administrator de bonis non of the Estate of Henry J. Spark, Deceased, Appellant.)

Supreme Court of Kansas.

Opinion filed December 10, 1949.

Attorney(s) appearing for the Case

Joe T. Rogers, of Wichita, argued the cause, and Roy L. Rogers, also of Wichita, was with him on the briefs for the appellant.

L.M. Kagey and Max L. Hamilton, both of Wichita, argued the cause and were on the briefs for the appellee.

The opinion of the court was delivered by

ARN, J.:

Appellee instituted this action by filing a petition in probate court for specific performance of an oral contract alleged to have been entered into between appellee and the deceased. The probate court denied appellee's petition, but on appeal the district court upheld her claim and decreed specific performance of the contract. The court determined that by such oral contract the deceased had agreed to deliver...

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