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SHERK, ADMINISTRATRIX v. SHERK

No. 40,488

181 Kan. 297 (1957)

310 P.2d 899

In the Matter of the Partnership Estate of John Sherk, Deceased, and Wayne Sherk, Partners, Doing Business under the Firm Name and Style of Sherk's Auto Supply. (OPAL E. SHERK, Administratrix of the Estate of John Sherk, Deceased, Appellant and Cross-Appellee, v. WAYNE SHERK, Surviving Partner and Administrator of the Partnership Estate of John Sherk, Deceased, and Wayne Sherk, Partners, Doing Business under the Firm Name and Style of Sherk's Auto Supply, Appellee and Cross-Appellant.)

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

Justus N. Baird, of Kansas City, argued the cause and George W. Thomas, of Kansas City, was with him on the briefs for the appellant and cross-appellee.

William E. Carson, of Kansas City, argued the cause and Clarence C. Chilcott and Preston Forsee, both of Kansas City, were with him on the briefs for the appellee and cross-appellant.

The opinion of the court was delivered by

HALL, J.:

This is an appeal from an order of the district court overruling the motion to strike from the files a petition filed in probate court.

On or about the second day of February, 1955, Opal E. Sherk, appellant and cross-appellee herein, filed her petition in the probate court of Wyandotte County, Kansas, alleging that John Sherk died intestate as a resident of Wyandotte County, that she was his surviving...

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