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IN RE ESTATE OF SHIRK

No. 41,684

186 Kan. 311 (1960)

350 P.2d 1

In the Matter of the Estate of Gertrude McCourt Shirk, Deceased. (BETTY SHIRK O'BRIEN, Appellant, v. WILLIAM S. SHIRK, Executor, Appellee.)

Supreme Court of Kansas.

Opinion filed March 5, 1960.

Attorney(s) appearing for the Case

Evart Mills, of McPherson, argued the cause and was on the briefs for 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 briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

This proceeding was commenced in the probate court of McPherson County, Kansas, against the estate of a decedent for the specific performance of an oral contract.

The will of the decedent, Gertrude McCourt Shirk, was admitted to probate in McPherson County on October 17, 1957, and the executor's notice to creditors was first published on October 19, 1957...

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