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IN RE ESTATE OF KERSCHEN

No. 39,236

176 Kan. 226 (1954)

269 P.2d 1033

In re Estate of Jerome P. Kerschen, Deceased. HUGO NETT, JR., by his father and next friend, HUGO NETT, SR., ALBERT KRAUS, et al., Appellants, v. LEO R. WETTA, Administrator of the Estate of JEROME P. KERSCHEN, Deceased, Appellee.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

J. Francis Hesse, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Emmet A. Blaes, Roetzel Jochems, S.C. Durbin, Robert G. Braden, James W. Sargent, and Stanley E. Wisdom, all of Wichita, were with him on the briefs for appellant.

Robert N. Partridge, of Wichita, argued the cause, and George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, and Robert M. Siefkin, all of Wichita, were with him on the briefs for appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This appeal questions the correctness of an order of the district court sustaining a demurrer against each of two petitions filed in the probate court as claims against the estate of Jerome P. Kerschen, and at the request of the petitioners certified to the district court for trial.

The abstract discloses that on September 15, 1951, Leo R. Wetta was duly appointed administrator of the estate of...

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