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STATE DEPARTMENT OF SOCIAL WELFARE v. CARLSON

No. 39,353

176 Kan. 299 (1954)

270 P.2d 200

In the Matter of the Estate of AUGUSTA CARLSON, Incompetent. THE STATE DEPARTMENT OF SOCIAL WELFARE OF KANSAS, Appellant, v. ALBIN CARLSON, Guardian, Appellee.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

Charles V. Hamm, of Topeka, argued the cause, and Harold R. Fatzer, attorney general, Paul E. Wilson, assistant attorney general, Hart Workman, and James S. Engle, all of Topeka, were with him on the briefs for the appellant.

Lawrence O. Bengtson, of Salina, argued the cause, and was on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This appeal is from an order of the district court denying the claim of the State Department of Social Welfare of Kansas against the estate of Augusta Carlson in which Albin Carlson had been appointed guardian of her estate.

On March 17, 1953, the State Department of Social Welfare filed its petition in the probate court of Saline county in the estate...

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