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IN RE ESTATE OF MILLER

No. 41,617

186 Kan. 87 (1960)

348 P.2d 1033

In the Matter of the Estate of James H. Miller, Deceased. (LUCILLE E. JACOBS, Appellant, v. EVA MAY REBENSTORF, Appellee.)

Supreme Court of Kansas.

Opinion filed January 23, 1960.

Attorney(s) appearing for the Case

I.H. Stearns, of Wichita, argued the cause, and E.P. Villepigue, also of Wichita, was with him on the brief for appellant.

William C. Farmer, of Wichita, argued the cause, and Paul V. Smith, Douglas E. Shay, Leo R. Wetta and James R. Schaefer, all of Wichita, were with him on the brief for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

The sole question presented by this appeal is whether the joint will of James H. Miller and Elsie R. Miller, his wife, dated January 31, 1944, is a contractual will.

The joint will in question, omitting the attestation clause, reads:

LAST WILL AND TESTAMENT

of

JAMES H. MILLER and ELSIE R. MILLER

"We, James H. Miller and Elsie R. Miller, of Wichita, Kansas, being...

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