McFADDEN v. McFADDEN

No. 39,039

174 Kan. 533 (1953)

257 P.2d 146

JAMES A. McFADDEN, Appellee, v. JOHN K. McFADDEN and BERDIE McFADDEN BLESER, Appellants.

Supreme Court of Kansas.

Opinion filed May 9, 1953.


Attorney(s) appearing for the Case

John R. Alden, of Hutchinson, argued the cause and was on the briefs for the appellants.

George Barrett, of Pratt, argued the cause, and Baxter Taylor, of Oklahoma City, Okla., and E.R. Barnes and Richard Barrett, both of Pratt, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This is an appeal from an order overruling two motions directed against a judgment admitting a lost or destroyed will to probate.

Mrs. B.B. McFadden, a resident of Pratt county, died in July, 1922. She was survived by her husband and seven children as her only heirs-at-law. So far as the record discloses all of the children were of full age. No administration on her estate as an intestate was had...

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