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IN RE ESTATE OF CARLSON

No. 41,998

187 Kan. 543 (1961)

358 P.2d 669

In the Matter of the Estate of P.J. Carlson, Deceased. MAUDE McATEE, Appellant, v. THE CITY OF SYLVIA, KANSAS, B.W. CARLSON, WELTHA J. CARLSON, and JOHN CECIL, Executor, Appellees.

Supreme Court of Kansas.

Opinion filed January 21, 1961.

Attorney(s) appearing for the Case

Arthur H. Snyder, of Hutchinson, argued the cause and was on the briefs for the appellant.

Robert Y. Jones, of Hutchinson, argued the cause, and Frank S. Hodge, Eugene A. White and H. Newlin Reynolds, all of Hutchinson, were with him on the briefs for appellees The City of Sylvia, Kansas, and Weltha J. Carlson; Max Wyman, of Hutchinson, argued the cause, and Don Wyman, of Hutchinson, was with him on the briefs for appellee John Cecil, executor.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from a decision of the trial court sustaining a charitable devise in the will of P.J. Carlson, deceased.

P.J. Carlson died leaving a will, in the first three paragraphs of which he made provisions for payment of his debts, devised certain described real estate to his brother, B.W. Carlson, and gave his personal property to his brother,...

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