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McFADDEN v. McFADDEN

No. 39,887

179 Kan. 455 (1956)

296 P.2d 1098

JAMES A. McFADDEN, Appellant, v. JOHN K. McFADDEN and BERDIE McFADDEN BLESER, Appellees.

Supreme Court of Kansas.

Opinion filed May 5, 1956.

Attorney(s) appearing for the Case

George Barrett, of Pratt, argued the cause, and Baxter Taylor, of Oklahoma City, Oklahoma, and Richard Barrett, of Pratt, were with him on the briefs for the appellant.

John R. Alden, of Hutchinson, argued the cause, and W.D. Jochems and James W. Sargent, both of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from a judgment following a trial upon the answers of John K. McFadden and Berdie McFadden Bleser (appellees herein), finding that the lost or destroyed will of B.B. McFadden, deceased, was revoked; ordering the judgment of the district court of May 20, 1932, set aside, and affirming the order of the probate court of Pratt County of September 2, 1931, denying probate of the will. The plaintiff...

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