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IN RE ESTATE OF WEBER

No. 43,376

192 Kan. 258 (1963)

387 P.2d 165

In the Matter of the Estate of Henry H. Weber, Deceased. BEN HEER, Executor of the Estate of Henry H. Weber, Deceased, Appellee, v. R.R. BENNETT, Guardian of the Person and Estate of Rosa Weber, an Incompetent Person, et al., Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1963.

Attorney(s) appearing for the Case

Charles D. Green, of Manhattan, argued the cause, and Richard C. Wells and Charles S. Arthur, of Manhattan, were with him on the briefs for the appellant.

Richard D. Rogers, of Manhattan, argued the cause, and John F. Stites, of Manhattan, C.L. Hoover and Robert A. Schermerhorn, of Junction City, were with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was a proceeding to admit a document to probate as the last will and testament of Henry H. Weber. The facts are undisputed and are substantially as follows:

Henry H. Weber, the decedent, died November 21, 1960. At the time of his death he was seventy-three years of age, lawfully married to Rosa Weber, who had been adjudicated an incompetent person, and who, on the above-mentioned date, was,...

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