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LEMON v. FOULSTON

No. 37,889

169 Kan. 372 (1950)

219 P.2d 388

DIMMIE LEMON, Appellant, v. SIDNEY L. FOULSTON, as Administrator of the Estate of Bates T. Hamilton, Deceased, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1950.

Attorney(s) appearing for the Case

J. Wirth Sargent, of Wichita, argued the cause, and W.D. Jochems, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden and S.C. Durbin, all of Wichita, were with him on the briefs for the appellant.

Enos E. Hook, of Wichita, argued the cause, and Sidney L. Foulston, John H. Gerety and Sidney L. Foulston, Jr., all of Wichita, were with him on the briefs for the appellee.

Lester Luther, United States Attorney, Eugene W. Davis, Assistant United States Attorney, and Malcolm Miller, Assistant United States Attorney, filed a brief amicus curiae on behalf of the United States of America.

The opinion of the court was delivered by

THIELE, J.:

The question presented in this appeal concerns ownership of United States Savings Bonds, Series G, issued in the name of co-owners, and arises out of the following:

Bates T. Hamilton and Dimmie E. Hamilton, who had been married in 1911, were divorced on February 6, 1946, the decree of divorce making no provision for settlement of any property rights between them. On February 7, 1946, the two went...

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