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NEWCOM, ADMINISTRATOR v. POTTERF

No. 40,664

182 Kan. 73 (1957)

318 P.2d 1069

G.H. NEWCOM, Administrator of the Estate of John F. Potterf, Deceased, Appellee, v. CLARENCE E. POTTERF, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1957.

Attorney(s) appearing for the Case

Corwin C. Spencer, of Oakley, argued the cause, and J.H. Jenson, also of Oakley, was with him on the briefs for the appellant.

D.M. Ward, of Peabody, and Kenneth Clark, of Hill City, argued the cause, and Earl Artley, of Russell Springs, and W. H. Clark and Marion W. Chipman, both of Hill City, were with them on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action filed in the district court by G.H. Newcom (plaintiff, appellee), administrator of the estate of John F. Potterf, deceased, against Clarence E. Potterf (defendant, appellant), a son of decedent, in whose name stood title to all of his father's real and personal property, to enforce a trust and to recover assets belonging to the estate for equal distribution among the seven children of...

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