IN RE ESTATE OF RIVERS

No. 39,208

175 Kan. 809 (1954)

267 P.2d 506

In the Matter of the Estate of Wilmer L. Rivers, Deceased. (OSCAR MORITZ, doing business as MORITZ FLYING SERVICE, Petitioner, Appellant, v. CAROLYN J. RIVERS, As Executrix of the Estate of Wilmer L. Rivers, Deceased, Appellees.)

Supreme Court of Kansas.

Opinion filed March 6, 1954.


Attorney(s) appearing for the Case

Ralph H. Noah, of Beloit, argued the cause and Jesse I. Linder, of Sharon Springs, and Don W. Noah, of Beloit, were with him on the briefs for the appellant.

Max Jones, of Goodland, argued the cause and James E. Taylor, of Sharon Springs, was with him on the briefs for the appellees.


The opinion of the court was delivered by

SMITH, J.:

This was a claim filed in probate court by the owner of two airplanes for the recovery of their value from the estate of the deceased, who claimant alleged negligently flew the plane he was piloting, so that it collided with another plane, also the property of plaintiff, destroying them both. Judgment was entered for defendant sustaining a demurrer to the evidence of claimant. Claimant has appealed.

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