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IN RE ESTATE OF ROBERTS

No. 43,237

192 Kan. 91 (1963)

386 P.2d 301

In the Matter of the Estate of Charles T. Roberts, Deceased. (ALBERT H. ROBERTS, Appellant and Cross Appellee, v. HELEN ROBERTS MAY, MARLENE ROBERTS, Natural Guardian of Kim Leslie Roberts, a Minor, KIM LESLIE ROBERTS, a Minor, and TOM PRINGLE, Guardian Ad Litem for Kim Leslie Roberts, a Minor, Appellees, and HARLEY A. COFFEY, Administrator De Bonis Non Cum Testamento Annexo, Appellee and Cross Appellant.)

Supreme Court of Kansas.

Opinion filed November 2, 1963.

Attorney(s) appearing for the Case

Frank G. Theis, of Arkansas City, argued the cause and was on the brief for the appellant.

Earle N. Wright, of Arkansas City, argued the cause, and Ted M. Templar, also of Arkansas City, and Ralph W. Gilbert, of Angleton, Texas, were with him on the brief for the appellees.

Grant H. Cole, of Winfield, argued the cause and was on the brief for the cross appellant.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the district court of Cowley County, Kansas, admitting a will to probate, after a verdict by an advisory jury was approved and judgment entered.

The underlying question in the case is whether the testator had sufficient mental capacity to make a will.

The appellant contends this case is unusual and unique among previously reported will contest cases...

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