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HUMPHREY v. WALLACE

No. 37,836

169 Kan. 58 (1950)

216 P.2d 781

JESSIE HUMPHREY, EARL H. MILLER, BESSIE MILLER, EFFIE DIEBALL, also known as Effie Duball, Appellants, v. BERENICE (Bernice) BOYD WALLACE and DOROTHY EMERY HILL, Executrices of the Last Will and Testament of Lillian M. Freeman, Deceased, and the Codicil Thereto; SCHOOL DISTRICT 21, Miami County; CYRIL KICE and ADA KICE; THE FIRST METHODIST CHURCH OF PAOLA; THE FIRST BAPTIST CHURCH OF PAOLA; THE FIRST PRESBYTERIAN CHURCH OF PAOLA; CITY OF PAOLA; A.A. BRYAN, Guardian ad litem for BRUCE LEE FREEMAN, BILLY KICE, and JANET SUE HUMPHREY; and Military Attorney for all the heirs at law of Decedent, and devisees and legatees under the Last Will and Testament of Lillian M. Freeman, Deceased, and the Codicil thereto, who are or may be in the military service of the United States, and the attorneys of record for said respective parties, Appellees.

Supreme Court of Kansas.

Opinion filed April 8, 1950.

Attorney(s) appearing for the Case

J. Sidney Nye, of Newton, argued the cause, and Howard E. Payne and Herbert L. Lodge, both of Olathe, and Arnold C. Nye, of Newton, were with him on the briefs for the appellants.

Robert E. Coughlin, of Paola, argued the cause, and Edward H. Coughlin, Garrett Winkler, Robert I. Nicholson, Karl V. Shawver, Jr., Oliver D. Rinehart, B.J. Carver, Robert H. Miller and A.A. Bryan, all of Paola, were with him on the briefs for the appellees.

The opinion of the court was delivered by

WEDELL, J.:

This is an appeal from an order admitting a will and codicil to probate.

The testatrix, Mrs. Lillian M. Freeman, was a widow seventy-three years of age with considerable business experience. She asked her banker and financial adviser of many years, C.N. Emery, chairman of the board of directors of the Miami County National Bank of Paola, to prepare her will. He declined to do so and advised her...

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