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IN RE ESTATE OF ROSEY

No. 41,885

187 Kan. 254 (1960)

356 P.2d 849

In the Matter of the Estate of Bertha Rosey, Deceased, ETHEL ROSEY COWAN and EARL ROSEY, Appellants, v. MYRTLE KOEPKE KIRKPATRICK, Appellee.

Supreme Court of Kansas.

Opinion filed November 12, 1960.

Attorney(s) appearing for the Case

Sam A. Crow, of Topeka, argued the cause, and Jacob Dickinson, Paul C. Aiken, Jack C. McCarter, Ralph E. Skoog and Hart Workman, all of Topeka were with him on the briefs for the appellants.

Howard W. Harper, of Junction City, argued the cause, and Lee Hornbaker, William D. Clement and Richard F. Waters, all of Junction City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

JACKSON, J.:

The proceeding from which this appeal was taken arose in the probate court and was appealed to the district court after decision adverse to the present appellants. We only note that the district court likewise ruled adversely and appellants filed their appeal in this court on December 7, 1959. Appellant's abstract was not filed within time under rule 8 of this court. A motion to

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