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MILLER v. HIGGINS

No. 42,324

188 Kan. 736 (1961)

366 P.2d 257

ORMAN L. MILLER, Executor of the Will and Codicil of Fern F. Henery, Deceased, Appellee, v. J.C. HIGGINS, Appellant, and HAVENSVILLE STATE BANK (Defendant).

Supreme Court of Kansas.

Opinion filed November 10, 1961.

Attorney(s) appearing for the Case

Hal C. Davis, of Topeka, argued the cause, and W. Kenneth Wilke, also of Topeka, was with him on the briefs for the appellant.

William Hergenreter, of Topeka, argued the cause, and John W. Brookens, of Westmoreland, was with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to determine the ownership of $23,666.64 in a checking account in the Havensville State Bank. The plaintiff (appellee), Orman L. Miller, executor of the estate of Fern Henery, initiated this action asserting that the account was an asset of the estate of the deceased and should be distributed according to the general terms of the will and codicil. It is contended by the defendant (appellant...

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