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IN RE ESTATE OF TEETER

No. 41,295

184 Kan. 567 (1959)

337 P.2d 691

In the Matter of the Estate of Frank Teeter, Deceased. C.H. TEETER and R.S. TEETER, Appellants, v. C.G. BAALMAN, Administrator; FERN MILLER by ALBERT MILLER, Legal Guardian of Fern Miller, an Incompetent Person; DOROTHY VAN MARTER, and BERTHA NOWKA, Appellees.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

Alex M. Fromme, of Hoxie, argued the cause, and Joseph W. Fromme, of Hoxie, was with him on the briefs for the appellants.

W.H. Clark, Marion W. Chipman and Kenneth Clark, all of Hill City, and Edward M. Beougher, of Grinnell, were on the brief for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the trial court sustaining, on jurisdictional grounds, motions to dismiss the petitions of two heirs of decedent's estate to enforce specific performance of a postnuptial contract entered into by decedent and his deceased wife.

Appellants, C.H. and R.S. Teeter, hereinafter referred to as petitioners, filed separate petitions in the probate court which are, for all...

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