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IN RE ESTATE OF WINTERS

No. 43,426

192 Kan. 518 (1964)

389 P.2d 818

In the Matter of the Estate of Ida Pearl Winters, Deceased. OTA ROBIE, Appellant, v. H.H. SNYDER, Administrator, AGNES McCAULEY, DOROTHY BAUMAN, FLOSSIE J. SCHIPP, ALICE ARTZBERGER, HARRY S.M. BATES, JR., DOROTHY RUSSEL, LIZZIE ROADY, STELLA MALONEY, VIRGINIA JOHNSON and KENNETH SHRIVER, Appellees.

Supreme Court of Kansas.

Opinion filed March 7, 1964.

Attorney(s) appearing for the Case

Emmet A. Blaes, of Wichita, argued the cause, and Charles E. Rauh, Ralph J. Thorne and John A. Robinson, all of Hutchinson, were with him on the briefs for the appellant.

Arthur C. Hodgson and Granville M. Bush, both of Lyons, argued the cause, and Richard L. Ankerholz, of Lyons, and Karl V. Shawver, Jr., of Paola, were with them on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment denying specific performance of an alleged oral contract to bequeath and devise a substantial portion of a decedent's estate to the claimant for services and companionship during the decedent's life.

The action was commenced in the probate court with the filing of a petition in the estate of Ida Pearl Winters, deceased. The matter was then certified to the district...

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