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IN RE ESTATE OF MEYERS

No. 41,088

183 Kan. 664 (1958)

331 P.2d 287

In the Matter of the Estate of Bertha Rath Meyers, Deceased. IDA ELLEN RATH, Executrix of the Estate of Robert M. Rath, Deceased, Claimant, Appellant, v. Estate of Bertha Rath Meyers, L.F. MEYERS, Executor, Appellee.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

A.L. Moffat, of Kinsley, argued the cause, and W.C. Gould, R.R. Mitchell and Don C. Smith, all of Dodge City, were with him on the briefs for the appellant.

C.W. Hughes, of Dodge City, argued the cause, and James A. Williams and Byron G. Larson, both of Dodge City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This appeal arises out of a claim filed in the probate court by Robert M. Rath against the estate of Bertha Rath Meyers, deceased, for an accounting of the property of the Carrie R. Bainbridge estate. The claim was disallowed by both the probate and district courts. Pending this appeal, Robert died and his widow, Ida Ellen Rath, executrix of his estate, was substituted in his stead as appellant.

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