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IN RE ESTATE OF UNRUH

No. 42,395

189 Kan. 39 (1961)

367 P.2d 52

In the Matter of the Estate of Frank D. Unruh, Deceased. (ISAAC D. DIRKS, et al., Appellants, v. IRENE GOERTZ, et al., Appellees.)

Supreme Court of Kansas.

Opinion filed December 9, 1961.

Attorney(s) appearing for the Case

Elmer Goering, of Hutchinson, argued the cause and was on the briefs for appellants.

J. Sidney Nye, of Newton, argued the cause, and Arnold C. Nye, of Newton, and John K. Bremyer and Jack O. Bowker, of McPherson, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This appeal is from an order of the district court dismissing the appellants' appeal from an order of the probate court denying probate of the last will and testament of Frank D. Unruh, deceased. The appellants, devisees under the last will and testament of the decedent, timely filed their notice of appeal in the probate court, and the sole question presented is...

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