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IN RE ESTATE OF CASE

No. 40,158

180 Kan. 53 (1956)

299 P.2d 589

In the Matter of the Estate of C. Lester Case, Deceased. (Also known as Lester Case or Charles Lester Case.) FANNIE CUSHING, Appellant, v. HARRY DUNLAP, Administrator, THE STATE OF KANSAS, HARRY L. GIBSON and RALPH WILLIAM GIBSON, Appellees.

Supreme Court of Kansas.

Opinion filed June 30, 1956.

Attorney(s) appearing for the Case

G.E. Pees, of Iola, argued the cause, and Frank W. Taylor, of Iola, was with him on the briefs for the appellant.

J.D. Conderman, and Guy Lamer, both of Iola, argued the cause and were on the briefs for Harry L. Gibson and Ralph William Gibson, and Harry Dunlap, administrator, appellees.

John Faust, county attorney, and Kenneth H. Faust, special assistant attorney general, of Iola, represented the State of Kansas, appellee.

J.C. Edwards, of Iola, as amicus curiae.

The opinion of the court was delivered by

PARKER, J.:

Lester Case, a bachelor, who had been a resident of Kansas for most, if not all, of his life died intestate, a resident of Allen County, Kansas, on February 24, 1955, at the age of seventy-nine, leaving real and personal property. Within a few days after his death one of his creditors, as the probate code of this state permits (see G.S. 1949, 59-2221; In re Estate of Brasfield, 168...

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