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IN RE ESTATE OF WINN

Nos. 43,169 and 43,184

191 Kan. 269 (1963)

380 P.2d 352

In re Estate of Mary S. Winn, Deceased. (ARTHUR H. KLIEWER, Appellant, v. DAISY MAURER, Appellee.)

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

Vernon A. Stroberg, of Newton, argued the cause, and Kenneth G. Speir, Herbert H. Sizemore, and Richard F. Hrdlicka, all of Newton, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, and Charles J. Woodin, all of Wichita, were with him on the briefs for the appellant.

Tom Harley, of Wichita, argued the cause, and Lester Wilkinson and George Grist, both of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

The appeal in case No. 43,169 is from the trial court's judgment denying the probate of decedent's will, from orders overruling the executor's motion for new trial and to set aside the trial court's findings of fact, and from the further order allowing an attorney's fee to the opponent of the will. The appeal in case No. 43,184, actually a cross-appeal and for that reason consolidated with the original appeal...

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