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IN RE ESTATE OF DeLANO

No. 40,519

181 Kan. 729 (1957)

315 P.2d 611

In the Matter of the Estate of Katherine S. DeLano, Deceased. (HELEN DELANO SUTHERLAND, Executrix of the Estate of Katherine S. DeLano, Deceased, Appellee, v. STATE OF KANSAS, ex rel. JOHN ANDERSON, JR., Attorney General, and STATE COMMISSION OF REVENUE AND TAXATION of the State of Kansas, Appellants.)

Supreme Court of Kansas.

Opinion filed September 13, 1957.

Attorney(s) appearing for the Case

John Anderson, Jr., Attorney General, and Fred N. Six, Assistant Attorney General, argued the cause; Paul Hurd, Michael A. Barbara and Dean Burkhead, all of Topeka, were with them on the briefs for appellants.

Russell W. Baker, of Kansas City, Missouri, argued the cause; James E. Smith, of Topeka, Eugene T. Hackler, of Olathe, and Robert B. Olsen, of Kansas City, Missouri, were with him on the briefs for appellee.

Paul Hurd and Marlin Casey, of Topeka, Henry Gott, of Wichita, Charles Vance, of Liberal, and Ervin G. Johnston, of Kansas City, for the Bar Association of the State of Kansas, as amicus curiae.

The opinion of the court was delivered by

SCHROEDER, J.:

This appeal involves an attempt of the probate judge pro tem of Johnson County, Kansas, by an order dated February 22, 1956, and by certain earlier actions, to make a Kansas resident executrix, the appellee, responsible for assets outside Kansas' boundaries which she did not have and had no way of obtaining.

Before this court are twenty-five conclusions of law, as to which appellants seek review...

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