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IN RE ESTATE OF ERWIN

No. 38,186

170 Kan. 728 (1951)

228 P.2d 739

In the Matter of the Estate of Noel Erwin, Deceased. EFFIE F. RICHARDSON, Administratrix of the Estate of Roy Lee Blevins, deceased, Appellant, v. ORDA ERWIN, Administrator of the Estate of Noel Erwin, deceased, Appellee.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

A.L. Foster, of Parsons, and Pete Farabi, of Pittsburg, argued the cause, and Sylvan Bruner, Morris Matuska and Don Musser, all of Pittsburg, were with them on the briefs for the appellant.

Elmer W. Columbia, of Parsons, argued the cause, and John B. Markham and Herman W. Smith, Jr., both of Parsons, were with him on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was a proceeding originally commenced in the probate court, under which the petitioner sought to establish a demand against a decedent's estate. The proceeding was certified to the district court and the trial there resulted in a judgment against the petitioner, who has appealed to this court.

In a preliminary way it may be stated that on January 25...

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