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IN RE ESTATE OF BOLLER

No. 38,576

173 Kan. 30 (1952)

244 P.2d 678

In the Matter of the Estate of A.C. Boller, Deceased, U.S. WEARY, Executor, Appellant and Cross-Appellee, v. MARSHALL BOLLER, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed May 10, 1952.

Attorney(s) appearing for the Case

T.M. Lillard, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis and James W. Porter, all of Topeka, and U.S. Weary, Executor, pro se, of Junction City, were with him on the briefs for the appellant.

I.M. Platt, of Junction City, argued the cause, and Chas. I. Platt, of Junction City, was with him on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This appeal arises from the allowance of a demand against a decedent's estate.

A.C. Boller, a resident of Geary county, died testate on January 31, 1949, and on February 1, 1949, his will was admitted to probate and U.S. Weary was appointed and qualified as executor and duly gave notice of his appointment. On October 19, 1949, Marshall W. Boller, a brother...

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