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IN RE ESTATE OF O'LEARY

No. 40,268

180 Kan. 419 (1956)

304 P.2d 547

In re Estate of Thomas O'Leary, Deceased, (KENNETH G. HAFNER, Appellee, v. JAMES O'LEARY, JULIA ZWICKL, MIKE O'LEARY, and EDWARD O'LEARY, Appellants.)

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

Clarence J. Malone, of Topeka, argued the cause, and Forest W. Brown, of Atwood, and James Malone of Gem, were with him on the briefs for the appellants.

Wallace T. Wolfe, of Oberlin, argued the cause, and C.A.P. Falconer, and Robert J. Lewis, both of Atwood, and John M. Bremer, and Marvin W. Meyer, both of Oberlin, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

An original proceeding commenced in the probate court was transferred to the district court and this is an appeal from an order of that court which overruled a demurrer to a petition seeking the admission of a will to probate.

Appellee, a nineteen year old minor, through his father as natural guardian and next friend, filed a petition as a beneficiary, requesting...

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