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IN RE ESTATE OF DAVIS

No. 37,717

168 Kan. 314 (1949)

212 P.2d 343

In the Matter of the Estate of Rosella Davis, Deceased. MABEL BARNES and CHARLES E. LEIERER, and FLOYD BARNES as Executor of the Last Will and Testament of Rosella Davis, Deceased, Appellants, v. SUSIE LEIERER, CLAUDE CHARLES LEIERER, CLYDE OSCAR LEIERER, BESSIE GLADYS GRAY, CLYDE FISHER, JESSIE FAY FISHER, RUBY SUGGS, RALPH J. McPHEARSON, CALVIN LEIERER, ALICE RICE, NETTIE BACON, DEWEY LEIERER, CLARENCE LEIERER, FRANCIS LEIERER, BLANCHE CHANEY, MARIE GENTRY, JOHN McPHEARSON, WILLIE H. McPHEARSON, and the Surviving Widow, if any, and Descendants of one Nicholas Leierer, Deceased, Appellees.

Supreme Court of Kansas.

Opinion filed December 10, 1949.

Attorney(s) appearing for the Case

H.W. Stubbs and W.P. Wesley, both of Ulysses, were on the briefs for appellants.

Logan N. Green, Roland H. Tate and Daniel R. Hopkins, all of Garden City, were on the briefs for appellees.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal from an order of the district court denying probate of a written instrument purporting to be the last will and testament of a decedent.

The only question presented is whether one of the subscribing witnesses heard the testatrix "acknowledge the same," in compliance with the statute.

The purported will is as follows:

"THIS...

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