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IN RE ESTATE OF REGLE

No. 38,034

170 Kan. 558 (1951)

228 P.2d 722

In the Matter of the Estate of Milton R. Regle, Deceased. CORRINE TURNER, Appellant, v. W. ROY MUSHRUSH, Executor of the Last Will and Estate of Milton R. Regle, Deceased, and AVAH DeWITT, Appellees.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

H.C. O'Reilly, of Cottonwood Falls, argued the cause and John E. Wheeler, of Marion, was with him on the briefs for the appellant.

Carl Ballweg, of Cottonwood Falls, and L.J. Bond, of El Dorado, argued the cause and Robert M. Bond, of El Dorado, was with them on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This is a proceeding to probate a will. In the probate court the will was admitted to probate. On appeal to the district court the will was again admitted to probate. The opponent has appealed.

The petition set out the names of the devisees and legatees and the amount of the estate and stated that at the time of the execution of the will testator was of sound mind and memory and not under any restraint...

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