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IN RE ESTATE OF JOHANNES

No. 38,007

170 Kan. 407 (1951)

227 P.2d 148

In the Matter of the Estate of George A. Johannes, Deceased. LESLIE TRUE, et al., Appellants, v. R.L. FUNK and WILLIAM SCHMITT, Executors of the last will and testament of George A. Johannes, Deceased, et al., Appellees.

Supreme Court of Kansas.

Opinion filed January 27, 1951.

Attorney(s) appearing for the Case

Harry E. Miller, of Hiawatha, argued the cause, and Robert M. Finley, of Hiawatha, was with him on the briefs for the appellants.

Roy V. Nelson, of Hiawatha, argued the cause, and Richard R. Funk, of Topeka, Chester C. Ingels, of Hiawatha, H.R. Fatzer, attorney general, C. Harold Hughes, assistant attorney general, and Paul E. Wilson, of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

This is an appeal from a judgment of the district court that the will later referred to was entitled to probate.

As no question of procedure has been raised, we note briefly that petitions were filed in the probate court of Brown county, alleging that George A. Johannes, a resident of that county, died February 17, 1948, testate, and setting forth the names of his heirs at law and the legatees and...

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