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IN RE ESTATE OF BARRIER

No. 42,418

189 Kan. 278 (1962)

369 P.2d 335

In the Matter of the Estate of Martha Elizabeth Barrier, Deceased. DAVID W. KESTER, Guardian Ad Litem of Mary Ellen Barrier, an Incompetent, and W.E. SEARS, Guardian of Mary Ellen Barrier, an Incompetent, Appellants, v. KARL B. JACKSON, Executor and Trustee Under the Will of Martha Elizabeth Barrier; GEORGE E. JACKSON, One of the Guardians of Mary Ellen Barrier, an Incompetent; and KENNETH P. ROCKHILL, Guardian Ad Litem of Certain Named Minor Legatees and Devisees and All Other Contingent Beneficiaries Whether Now in Being, or Unborn, Under the Will of Martha Elizabeth Barrier, Deceased, Appellees.

Supreme Court of Kansas.

Opinion filed March 3, 1962.

Attorney(s) appearing for the Case

R.C. Woodward and O.J. Connell, Jr., of El Dorado, argued the cause, and David W. Kester, guardian ad litem, and H. Pauline Woodward, also of El Dorado, were with them on the briefs for the appellants.

George Forbes, of Eureka, argued the cause, and Thomas C. Forbes and Harold G. Forbes, also of Eureka, were with him on the briefs for appellee Karl B. Jackson, executor and trustee under the will of Martha Elizabeth Barrier, deceased.

Kenneth P. Rockhill, trustee and guardian ad litem, of Eureka, was on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of final settlement in the Estate of Martha Elizabeth Barrier, deceased.

In order that a proper understanding may be had of the issue on which our decision is based, a statement of the pertinent facts follows.

Martha Elizabeth Barrier died on July 29, 1959, and her last will and testament was admitted to probate on August 28. Karl B. Jackson was appointed and...

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