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IN RE ESTATE OF LOPER

No. 42,468

189 Kan. 205 (1962)

368 P.2d 39

In the Matter of the Estate of James G. Loper, Deceased. (ELIZABETH B. LOPER, Appellant, v. JAMES G. LOPER, JR.; H.B. ESTES, Executor of the Estate of James G. Loper, Deceased; and J.A. BABICKI, Guardian Ad Litem of JAMES G. LOPER, JR., Appellees.)

Supreme Court of Kansas.

Opinion filed January 20, 1962.

Attorney(s) appearing for the Case

E. Edward Johnson, of Topeka, argued the cause, and L.M. Ascough, John A. Bausch, and Wayne T. Stratton, of Topeka, were with him on the briefs for appellant.

Raymond Briman, of Topeka, argued the cause, and Lester M. Goodell, Margaret McGurnaghan, Marlin S. Casey and Gerald L. Goodell, of Topeka, were with him on the briefs for appellee James G. Loper, Jr.

The opinion of the court was delivered by

FATZER:, J.:

This proceeding was commenced in the probate court by H.B. Estes, executor of the estate of James G. Loper, deceased, to determine the validity of a warranty deed previously executed by the decedent conveying certain property in Topeka to his grandson, James G. Loper, Jr., and to construe paragraph two of the decedent's subsequently executed last will and testament devising the income from that property...

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