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IN RE ESTATE OF SOWDER

No. 41,402

185 Kan. 74 (1959)

340 P.2d 907

In Re Estate of Carey Sowder, Deceased. (ROBERT R. SOWDER, Appellant, v. RICHARD D. SOWDER, GEORGE A. SOWDER and A.C. BEAN, individually and as executor of the estate of Carey Sowder, Appellees.)

Supreme Court of Kansas.

Opinion filed June 13, 1959.

Attorney(s) appearing for the Case

George Forbes, of Eureka, argued the cause, and Thos. C. Forbes and Harold G. Forbes, both of Eureka, were with him on the brief for the appellant.

John F. Eberhardt, of Wichita, argued the cause, and George B. Powers, Carl T. Smith and Gerald Sawatzky, all of Wichita, were with him on the brief for the appellee, Richard D. Sowder.

Elvin D. Perkins, of Emporia, was on the brief for the appellee, George A. Sowder.

The opinion of the court was delivered by

SCHROEDER, J.:

This appeal involves the construction of a will of a resident decedent, in which the order of final settlement of the estate in the probate court was appealed to the district court.

The principal question presented is whether a residuary gift to one of the decedent's children, who predeceased the testator without issue, passed to the surviving residuary...

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