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IN RE ESTATE OF LESTER

No. 43,074

191 Kan. 83 (1963)

379 P.2d 275

In re Estate of Alice B. Lester, deceased. (ROSA GADDIE, et al., Appellees, v. DELBERT SHIELDS, Appellant.)

Supreme Court of Kansas.

Opinion filed March 2, 1963.

Attorney(s) appearing for the Case

D. Arthus Walker, of Arkansas City, argued the cause, and John Madden, Robert M. Walker, and John Madden III, all of Wichita, were with him on the briefs for the appellant.

J. Roderick Mayall and Lyndon Gamelson, both of Wichita, argued the cause, and Stewart S. Bloss, of Winfield, and Kirke W. Dale and Donald Hickman, both of Arkansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This action originated as a probate proceedings to construe decedent's last will and testament. The probate court held a class gift was created by the fourth paragraph of decedent's will and that Delbert Shields' the surviving beneficiary, took all right, title, and interest in the real estate described in paragraph four. An appeal was taken therefrom to the district court by the appellees here, and that...

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