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IN RE ESTATE OF YETTER

No. 40,958

183 Kan. 340 (1958)

328 P.2d 738

SADIE B. SIMMONS, Also Known As Sadie Y. Boarman; ROBERT GRAHAM YETTER, KEITH BARTLETT YETTER, WARREN HILL YETTER, and JUDD C. BENSON, Appellants, v. CLARENCE REYNOLDS, Trustee; THE OGALLAH CHRISTIAN CHURCH, a Corporation; CLARENCE REYNOLDS, J.L. POWERS, HORACE WYNN, S.L. POWERS, GEORGE GLASS, SR., LEO MATTKE, CARROLL WYNN, and THE TEXAS COMPANY, a Corporation, Appellees. In the Matter of the Estate of Elizabeth Yetter, Deceased. (SADIE B. SIMMONS, et al., Appellants, v. CLARENCE REYNOLDS, Trustee, et al., Appellees.)

Supreme Court of Kansas.

Opinion filed July 7, 1958.

Attorney(s) appearing for the Case

William Wagner, of WaKeeney, and Ralph W. Oman, of Topeka, argued the cause, and Ernest J. Deines, of WaKeeney, and A. Harry Crane, Ward D. Martin, Arthur L. Claussen, Harvey D. Ashworth, Robert L. Webb, Philip E. Buzick, Robert A. McClure, and James D. Waugh, all of Topeka, were with them on the briefs for the appellants.

Jerry E. Driscoll, of Russell, argued the cause, and Richard M. Driscoll, of Russell, and Ralph H. Clark, of WaKeeney, were with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This consolidated appeal is from every part and portion of the ruling, decision, order and judgment of the court below, generally against plaintiffs, who have appealed, and is the second appearance of the controversy in this court. The former appeal (Simmons v. Reynolds, 179 Kan. 785, 298 P.2d 345) was from the trial court's order...

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