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BAADE v. RATNER

No. 42,094

187 Kan. 741 (1961)

359 P.2d 877

MILDRED E. BAADE, aka MILDRED E. WILSON, Plaintiff and Appellee, v. PAYNE H. RATNER, Executor of the Estate of W.H. Wilson, also known as William H. Wilson, Deceased, Defendant and Appellant, and WICHITA FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation, Defendant and Appellee.

Supreme Court of Kansas.

Opinion filed March 4, 1961.

Attorney(s) appearing for the Case

James R. Barr, of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Cliff W. Ratner, Edmund R. Learned, Frank W. Hylton and R.R. Barnes, all of Wichita, were with him on the briefs for the appellant.

Kenneth M. Nohe, of Wichita, argued the cause, and Dale Kidwell, George W. Ball and Jack H. Greene, of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

FATZER, J.:

This action was commenced by the appellee, an alleged surviving joint tenant, to obtain from the Wichita Federal Savings and Loan Association, hereafter referred to as the Savings Association, the funds on deposit in a savings account, which account was also claimed by the appellant, Payne H. Ratner, as executor of the estate of W.H. Wilson, deceased.

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