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IN RE ESTATE OF SHULTZ

No. 40,361

180 Kan. 444 (1956)

304 P.2d 539

In re Estate of Albert Franklin Shultz, Deceased. (J.R. McCARTY, Petitioner, and JOHN D. MEGAFFIN, Administrator with Will Attached, Appellees, v. ZADIA J. SHULTZ, Executrix, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

H.E. Jones, of Wichita, argued the cause, and A.W. Hershberger, J.B. Patterson, Richard Jones, Wm. P. Thompson, Jerome E. Jones, and William E. Palmer, all of Wichita, were with him on the briefs for the appellant.

Douglas Hudson, of Fort Scott, argued the cause, and Howard Hudson and Douglas G. Hudson, both of Fort Scott, and John H. Morse, of Mound City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the judgment and ruling of the trial court affirming the probate court's appointment of an administrator with will annexed of the estate of a nonresident decedent.

On December 3, 1955, J.R. McCarty filed a petition in the probate court of Pratt county asserting a claim against the estate of Albert Franklin Shultz by reason of personal injuries suffered by him resulting from...

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