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IN RE ESTATE OF CIPRA

No. 38,694

173 Kan. 334 (1952)

246 P.2d 267

In the Matter of the Estate of Mabel Cipra, Deceased; Re: Demand of Alice Choate; EMIL RASMUSSEN, Administrator, Appellant, v. ALICE CHOATE, 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 H. Lewis, of Topeka, argued the cause, and J.J. McCurdy and W.W. Urban, both of Lincoln, Thomas M. Lillard, of Topeka, and Doris Dixon Stowell and William H. Stowell, both of Phillipsburg, were with him on the briefs for the appellee; and Thomas M. Lillard, O.B. Eidson, Philip H. Lewis and James Porter, all of Topeka, of counsel.

The opinion of the court was delivered by

THIELE, J.:

Alice Choate filed her petition in the probate court alleging a demand against the estate of Mabel Cipra, deceased. Under appropriate procedure the matter was transferred to the district court for hearing. In the latter court the administrator of the estate filed his demurrer on the grounds that the court had no jurisdiction of the defendant or the subject of the action and that the petition did not state...

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