IN RE ESTATE OF GUEST

No. 40,872

182 Kan. 760 (1958)

324 P.2d 184

In the Matter of the Estate of Bertha M. Guest, Deceased. In the Matter of the Estate of Luther W. Guest, Deceased. (Consolidated.) THE FIRST PRESBYTERIAN CHURCH OF NOWATA, OKLAHOMA, a Corporation, Appellant, v. CARL A. HAMMEL, Executor of the Last Will and Testament of Bertha M. Guest, Deceased; CARL A. HAMMEL, Admr. C.T.A. of Luther W. Guest, Deceased; HELEN HAMMEL HENRY and HELEN FEIST, Appellees.

Supreme Court of Kansas.

Opinion filed April 12, 1958.


Attorney(s) appearing for the Case

John Berglund, of Clay Center, argued the cause, and David H. Heilman, of Council Grove, Owen S. Samuel, of Emporia, and Arthur Meyer, of Nowata, Oklahoma, were with him on the briefs for the appellant.

H.L. Sheppeard, of Clay Center, argued the cause and was on the briefs for the appellees.


The opinion of the court was delivered by

PRICE, J.:

This appeal is from a judgment admitting to probate the separate wills of Luther W. Guest and his wife, Bertha M. Guest, who died residents of Clay County, and denying probate of an alleged lost or destroyed joint and contractual will alleged to have been formerly executed by them.

The Guests formerly lived in Nowata, Oklahoma, and came to Clay Center in about 1915, where they owned and operated...

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