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IN RE ESTATE OF ROTHROCK

No. 38,626

173 Kan. 717 (1953)

252 P.2d 598

In the Matter of the Estate of Edwin A. Rothrock, Deceased; EDNA ROTHROCK JENKINS, Appellant, v. LUTIE M. ROTHROCK, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1953.

Attorney(s) appearing for the Case

Bert E. Church, of Wellington, and D. Arthur Walker, of Arkansas City, argued the cause, and Wm. E. Cunningham and William R. Howard, both of Arkansas City, were with them on the briefs for the appellant.

W.H. Schwinn and Ford Harbaugh, both of Wellington, argued the cause, and Tom L. Schwinn, of Wellington, was with them on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

A proceeding was commenced in the probate court by the filing of a petition to vacate and set aside an allegedly void order of final settlement assigning property belonging to a decedent's estate. From an adverse judgment the petitioner appealed to the district court, which denied the relief sought and petitioner has appealed to this court.

The following facts are admitted either by the pleadings...

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