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IN RE ESTATE OF KAFKA

No. 40,185

180 Kan. 75 (1956)

299 P.2d 77

In the Matter of the Estate of Anton Kafka, Deceased. CASCELIA M. KAFKA, Appellant, v. CLARA M. KAFKA, MARTIN KAFKA and THE HONORABLE GERHARD HAASE, Probate Judge of Ellsworth County, Kansas, for all adverse parties, Appellees.

Supreme Court of Kansas.

Opinion filed June 30, 1956.

Attorney(s) appearing for the Case

John V. O'Donnell, of Ellsworth, argued the cause and V.E. Danner, of Ellsworth, was with him on the briefs for the appellant.

George D. Miner and Paul L. Aylward, both of Ellsworth, were on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, C.J.:

This is a proceeding to admit a lost or destroyed will to probate. The probate court and on appeal the district court refused to admit it. The proponent has appealed.

The petitioner was Cascelia, the daughter of Anton Kafka. Her mother, the first wife of decedent, had predeceased him, leaving petitioner and a brother Martin. Decedent's second wife Clara survived him. There were no children by the...

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