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IN RE ESTATE OF HENDERSON

No. 39,380

176 Kan. 168 (1954)

268 P.2d 941

In the Matter of the Estate of Margaret M. Henderson, Deceased. GEORGE GOEHNER, Executor of said Estate, and HENRY C. MORDAUNT, SOPHE MORDAUNT HENRY, CARRIE GAW MORDAUNT, HELEN HARLOW PICKETT, ALICE HARLOW ROWE, and THE FIRST PRESBYTERIAN CHURCH OF LEAVENWORTH, KANSAS, Heirs and Legatees of said Estate, Appellants, v. LEE BOND, Administrator of the Estate of FRANK B. HENDERSON, Deceased, Appellee.

Supreme Court of Kansas.

Opinion filed April 10, 1954.

Attorney(s) appearing for the Case

James N. Snyder, of Leavenworth, argued the cause and was on the briefs for the appellants.

Lee Bond, of Leavenworth, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

The basic question in this appeal is whether, under all of the facts and circumstances disclosed, the probate court had the power and authority, under G.S. 1949, 59-2234, to make an election in behalf of an incompetent surviving spouse's estate after the death of such spouse.

Both the probate court and, on appeal, the district court held that the probate court possessed such power, and from that...

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