IN RE ESTATE OF BERGNER

Nos. 38,664, 38,663

173 Kan. 582 (1952)

250 P.2d 781

In the Matter of the Estate of J.C. Bergner, Deceased, and In the Matter of the Estate of Margaret Bergner, Deceased. CLAUS BERGNER, JOHN BERGNER, JR., MARGARET OLIVE PAGE and MINNIE MARIE BULLARD, Appellants, v. CHRISTIAN G. BERGNER and THE PEOPLES STATE BANK, PRATT, KANSAS, Co-Executors of the Last Will and Testament of J.C. Bergner, deceased, and the Last Will and Testament of Margaret Bergner, deceased; CHRISTIAN G. BERGNER, RIENT BERGNER, LENA BARKER, TENA FLETCHER, and MINNIE GOYEN, Appellees.

Supreme Court of Kansas.

Opinion filed December 6, 1952.


Attorney(s) appearing for the Case

E.E. Sattgast, of Wichita, argued the cause, and John Madden, of Wichita, was with him on the briefs for the appellants.

George Barrett, of Pratt, argued the cause, and Richard Barrett, of Pratt, was with him on the briefs for the appellees.


The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the trial court overruling appellants' motions to remand to the probate court petitions of executors in two separate estates, praying for approval of their final report and closing each estate, and in striking appellants' objections and answer to each final report, and rendering judgment in favor of appellees.

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