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IN RE ESTATE OF BRASFIELD

Nos. 37,546, 37,657

168 Kan. 376 (1950)

214 P.2d 305

In the Matter of the Estate of Cecil L. Brasfield, Deceased. (JESSIE McCLURE, individually and as Administratrix of the Estate of C.E. McClure, Deceased, and NELLIE MAY McCLURE, by and through Jessie McClure, her mother and next friend, Appellees, v. MR. and MRS. ALVIN W. BRASFIELD, Appellants.) In the Matter of the Estate of Cecil L. Brasfield, Deceased. (JESSIE McCLURE, individually and as Administratrix of the Estate of C.E. McCLURE, Deceased, and NELLIE MAY McCLURE, by and through Jessie McClure, her mother and next friend, Appellees, v. DON NEWKIRK, Special Administrator, Appellant.)

Supreme Court of Kansas.

Opinion filed January 28, 1950.

Attorney(s) appearing for the Case

Homer V. Gooing, of Wichita, argued the cause, and Howard T. Fleeson, Wayne Coulson, Paul R. Witch, Dale M. Stucky and Donald R. Newkirk, all of Wichita, were with him on the briefs for the appellants.

John F. Eberhardt, of Wichita, argued the cause, and George Siefkin and Samuel E. Bartlett, both of Wichita, and Irwin Snattinger, of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

These two cases, consolidated after being appealed to this court, originated as probate court proceedings. The all decisive issue in each requires judicial construction of the Kansas probate code.

The facts responsible for the proceedings as initially instituted are relatively unimportant to a decision of the appellate issues and need not be detailed. At the moment essential features of those facts...

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