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IN RE ESTATE OF DIETER

No. 38,530

172 Kan. 359 (1952)

239 P.2d 954

In the Matter of the Estate of J.N. Dieter, Deceased. (ANNA MARGARET M. CAIN, Appellant, v. THE ESTATE OF J.N. DIETER, deceased, and NEVADA P. DIETER, Individually, and as Executrix of the Will of said J.N. Dieter, deceased, Appellees.) AND In the Matter of the Estate of J.N. Dieter, Deceased. (OLIVE DIETER and WEBB MALCOLM, Administrator of the Estate of CHARLES A. DIETER, deceased, Appellants, v. THE ESTATE OF J.N. DIETER, deceased, and NEVADA P. DIETER, Individually, and as Executrix of the Will of said J.N. Dieter, deceased, Appellees.) (CONSOLIDATED)

Supreme Court of Kansas.

Opinion filed January 26, 1952.

Attorney(s) appearing for the Case

C. Vincent Jones, of Clay Center, argued the cause, and Wayne W. Ryan, of Clay Center, was with him on the briefs for the appellants.

W.M. Beall, of Clay Center, argued the cause, and John P. Dieter, of Abilene, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

These actions were commenced in the probate court of Dickinson county to enforce an alleged trust and for an accounting. Thereafter, pursuant to the provisions of G.S. 1949, 59-2402 (a), they were duly transferred to the district court of that county for trial. Subsequently by stipulation of the parties and order of the court the two cases were consolidated. The...

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