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IN RE ESTATE OF DEES

No. 40,401

180 Kan. 772 (1957)

308 P.2d 90

In re Estate of Maude E. Dees, Deceased. (PAUL K. MARSH and MARY ABRAHAM, Appellants, v. RUFUS R. MARSH, Individually and as Executor of the Last Will and Testament of Maude E. Dees, Deceased, Appellee.)

Supreme Court of Kansas.

Opinion filed March 9, 1957.

Attorney(s) appearing for the Case

Lawrence E. Christenson, of Winfield, argued the case, and Marion P. Mathews and W.R. Mathews, both of Winfield, were with him on the briefs for the appellants.

George Templar, of Arkansas City, argued the cause, and Earle N. Wright and Ted M. Templar, both of Arkansas City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HALL, J.:

This is an appeal from a judgment construing a will. The case was tried by the district court on appeal from a judgment of the probate court.

The matter was submitted on an agreed statement of facts. The salient facts to understand the issues of the case are as follows:

Maude E. Dees, a widow, died testate. She was childless and was survived by Paul K. Marsh, a brother, petitioner and appellant...

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