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SHIRK v. SHIRK

No. 41,578

186 Kan. 32 (1960)

348 P.2d 840

BETTY SHIRK, a/k/a BETTY SHIRK O'BRIEN, Appellant, v. WILLIAM S. SHIRK and CLAIRE SHIRK, Appellees.

Supreme Court of Kansas.

Opinion filed January 23, 1960.

Attorney(s) appearing for the Case

Evort Mills, of McPherson, argued the cause and was on the briefs for the appellant.

Emmet A. Blaes, of Wichita, argued the cause, and James A. Cassler, of McPherson, and Roetzel Jochems, of Wichita, were with him on the brief for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

Plaintiff (appellant), Betty Shirk O'Brien, brought this action against defendants (appellees), William S. Shirk and Claire Shirk, to recover damages sustained on account of alleged fraud and deceit practiced by them against plaintiff, causing her to waive her right to contest her mother's will. Plaintiff and defendant William are sister and brother and the only heirs at law of their mother, Gertrude McCourt...

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