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IN RE ESTATE OF CROSS

No. 41,720

186 Kan. 590 (1960)

352 P.2d 427

In the Matter of the Estate of Otis E. Cross, Deceased. (ALYCE M. WEST [Claimant], Appellant, v. MARY CROSS, Administratrix, Appellee.)

Supreme Court of Kansas.

Opinion filed May 14, 1960.

Attorney(s) appearing for the Case

Keith Eales and L.M. Kagey, both of Wichita, argued the cause and were on the briefs for the appellant.

Robert C. Foulston and Donald L. Cordes, both of Wichita, argued the cause, and George B. Powers; Carl T. Smith; John F. Eberhardt; Stuart R. Carter; Malcolm Miller; Robert N. Partridge; Robert M. Siefkin; Richard C. Harris; Anthony T. Dealy; Gerald Sawatzky; and Robert L. Howard, all of Wichita, were with them on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This action originated in the probate court with the filing of a petition, in the nature of a claim, to recover damages from the estate of a decedent for personal injuries alleged to have been sustained by the plaintiff (claimant), Alyce M. West, when a motor vehicle driven by the decedent, Otis E. Cross, collided with the rear-end of her automobile at the approach to a street intersection in the city...

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