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IN RE ESTATE OF HILL

No. 41,423

185 Kan. 421 (1959)

345 P.2d 1011

In re Estate of W.W. Hill (WILLIAM ELMER HILL, Appellant, v. SCOTT A. MOUSE, Administrator, c.t.a., d.b.n: PEARL G. GARRIOTT, Administrator, Estate of Myrtle Bessie Hill; LEON A. LAMOUREUX; LACY C. HAYNES, Guardian ad litem, Appellees.

Supreme Court of Kansas.

Opinion filed November 7, 1959.

Attorney(s) appearing for the Case

Everett E. Steerman, of Emporia, argued the cause and was on the briefs for the appellant, and Elvin D. Perkins, of Emporia, argued the motion to dismiss and the cause, and was on the briefs for the appellant.

James W. Putnam, of Emporia, argued the cause, and Richard Mankin, of Emporia, was with him on the briefs for appellee Scott A. Mouse, Administrator, c.t.a., d.b.n.

Roscoe W. Graves, of Emporia, was on the briefs for appellee Pearl G. Garriott, Administrator of the estate of Myrtle Bessie Hill.

Owen S. Samuel, of Emporia, argued the motion to dismiss and was on the briefs for appellees Leon A. Lamoureux and Ethel Lamoureux.

Lacy C. Haynes, of Emporia, appeared as guardian ad litem for the minor children of appellant William Elmer Hill.

The opinion of the court was delivered by

ROBB, J.:

Appellant filed a claim on a promissory note in the probate court of Lyon county against the estate of his father, W.W. Hill, who died testate on October 15, 1952. Decedent's only surviving heirs were appellant and Myrtle Bessie Hill, his second wife who was appellant's stepmother. On March 2, 1957, Myrtle Bessie Hill died intestate and Pearl G. Garriott was duly appointed administratrix of her estate.

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