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IN RE ESTATE OF PATZNER

No. 38,495

173 Kan. 133 (1952)

244 P.2d 1183

In re Estate of Emil P. Patzner, Deceased. (FRANCES HICKEL PATZNER, Appellant, v. HERBERT DIETS, Administrator, C.T.A. of the Estate of Emil P. Patzner, Deceased, and LOUIS F. PATZNER, Appellees.)

Supreme Court of Kansas.

Opinion filed June 7, 1952.

Attorney(s) appearing for the Case

W.H. Alward, of Herington, argued the cause, and John Henry Lewis, of Hoisington, was with him on the briefs for the appellant.

Boyce P. Hardman, of Great Bend, argued the cause, and Herbert Diets, of Great Bend, was with him on the briefs for the appellees.

The opinion of the court was delivered by

WEDELL, J.:

This was an action by a widow to set aside her written consent to her husband's will and to permit her to take according to her later election under the law of intestate succession.

Defendants were a brother of the testator, a beneficiary under his will, and the administrator of decedent's estate. The probate court denied the relief sought by the widow and she appealed to the district court. It...

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