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IN RE ESTATE OF DUNCAN

No. 41,680

186 Kan. 427 (1960)

350 P.2d 1112

In the Matter of the Estate of Hattie Reed Duncan, Deceased. (PAUL C. ANDREAE, JR., Appellant, v. THE FOURTH NATIONAL BANK IN WICHITA, Executor of the Estate of Hattie Reed Duncan, Deceased, Appellee and Cross-Appellant.)

Supreme Court of Kansas.

Opinion filed April 9, 1960.

Attorney(s) appearing for the Case

T.B. Kelley and Glen Opie, of Great Bend, argued the cause, and Fred L. Conner, of Great Bend, and K.W. Pringle, of Wichita, were with them on the briefs for appellant.

Emmet A. Blaes and Fred Hinkle, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Vincent L. Bogart, Cecil E. Merkel, John W. Brimer and Harry L. Hobson, all of Wichita, were with them on the briefs for appellee and cross-appellant.

The opinion of the court was delivered by

FATZER, J.:

This proceeding, in the nature of specific performance, was commenced in the probate court of Sedgwick County, Kansas, to establish and enforce an alleged oral contract between the appellant petitioner and his deceased aunt, Hattie Reed Duncan, alleged to have been entered into in 1946 by which the petitioner was to have the Northwest 1/4, section 8, township 20...

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