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RULE v. CHEESEMAN, EXECUTRIX

No. 40,611

181 Kan. 957 (1957)

317 P.2d 472

MARGIE RULE, Appellant, v. ETHEL I. CHEESEMAN, Executrix of the Estate of William B. Cheeseman, Deceased, Appellee.

Supreme Court of Kansas.

Opinion filed November 9, 1957.

Attorney(s) appearing for the Case

Francis J. Donnelly, of Kansas City, argued the cause, and William E. Scott and Robert L. Boyce, Jr., both of Kansas City, were with him on the brief for the appellant.

John W. Breyfogle, Jr., of Olathe, argued the cause, and Roy F. Carter, of Kansas City, Mo., was with him on the brief for the appellee.

The opinion of the court was delivered by

ROBB, J.:

A petition was filed and a malpractice action commenced by plaintiff against defendant, as personal representative of her deceased husband's estate, in the probate court where decedent's estate was being probated. The probate court transferred the case to the district court for trial. At the conclusion of the evidence, which was principally by depositions, a motion by defendant for a directed verdict was...

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