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IN RE ESTATE OF PRESTON

No. 42,711

193 Kan. 145 (1964)

392 P.2d 922

In re Estate of Lewis Q. Preston, Deceased. WARREN D. THOMPSON, Appellant, and KENNETH V. MOSES, Guardian ad litem, Appellant, v. DOROTHY PRESTON SURPRISE, Appellee.

Supreme Court of Kansas.

Opinion filed June 6, 1964.

Attorney(s) appearing for the Case

Robert A. Schermerhorn, of Junction City, argued the cause, and C.L. Hoover and William R. King, both of Junction City, and Richard C. Wells, of Manhattan, were with him on the briefs for the appellant, Warren D. Thompson.

Kenneth V. Moses, of Marysville, was on the brief as guardian ad litem.

Howard Harper, of Junction City, argued the cause, and Lee Hornbaker, Richard F. Waters, and Bob Abbott, all of Junction City, and Robert F. Galloway and Edward F. Wiegers, both of Marysville, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

An action was commenced in the probate court of Marshall county for appointment of an administrator of decedent's estate and an appeal was taken therefrom to the district court. This appeal is from an order of the district court sustaining respondent's demurrer to the evidence of claimant and from its order overruling claimant's motion for new trial.

Claimant, as plaintiff, in October, 1955, had filed...

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