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IN RE ESTATE OF SIMS

No. 40,770

182 Kan. 374 (1958)

321 P.2d 185

In re Estate of U.E. Sims, Deceased. (OSCAR BREWER, as Executor of Last Will and Testament of U.E. Sims, Deceased, and SOUTHWESTERN COLLEGE, Appellants, v. GEO. W. STANLEY, JOHN KEELY and S.L. WILSON, Appellees.)

Supreme Court of Kansas.

Opinion filed January 25, 1958.

Attorney(s) appearing for the Case

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 appellants.

Robert Martin, of Wichita, argued the cause and George B. Collins, Oliver H. Hughes, K.W. Pringle, Jr., W.F. Schell, Thomas M. Burns, George R. Docking, all of Wichita, and Geo. W. Stanley, D. Arthur Walker, Norman M. Iverson, all of Arkansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HALL, J.:

This is an appeal from orders overruling a motion to dismiss and a motion for judgment on the pleadings.

This action was originally instituted in the Probate Court of Cowley County, Kansas. An appeal was taken from the probate court to the district court; hence this appeal from the above orders of the district court.

U.E. Sims and Sarah C. Sims, husband and wife, were residents of Cowley County...

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