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IN RE ESTATE OF CIPRA

No. 38,693

173 Kan. 330 (1952)

246 P.2d 264

In the Matter of the Estate of Mabel Cipra, Deceased. Re: Demand of Irma Stahn. EMIL RASMUSSEN, Administrator, Appellant, v. IRMA STAHN, Appellee.

Supreme Court of Kansas.

Opinion filed July 3, 1952.

Attorney(s) appearing for the Case

Theodore M. Metz, of Lincoln, argued the cause and was on the briefs for the appellant.

Philip Lewis, of Topeka, argued the cause, Thomas M. Lillard, of Topeka; J.J. McCurdy and W.W. Urban, both of Lincoln; Doris Dixon Stowell and William H. Stowell, both of Phillipsburg, were with him on the briefs for the appellee; Thomas Lillard, O.B. Eidson, Philip Lewis and James Porter, all of Topeka, of counsel.

The opinion of the court was delivered by

SMITH, J.:

This was a claim in probate court against an estate. It was certified to the district court. There the administrator of the estate demurred to it. This demurrer was overruled. Hence this appeal.

The controversy arises out of the will of Wenslow Cipra, whose estate was wound up and the executrix discharged about ten years before the death of his widow. He left surviving him his widow, Mabel Cipra...

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