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IN RE ESTATE OF COOPER

No. 44,016

195 Kan. 174 (1965)

403 P.2d 984

In the Matter of the Estate of Milton I. Cooper, Deceased. (DELLA Cooper, Appellant, v. ERWIN D. COOPER, and C.L. MORGAN, Administrator, Appellees.)

Supreme Court of Kansas.

Opinion filed July 10, 1965.

Attorney(s) appearing for the Case

L.F. Cushenberry, of Oberlin, argued the cause, and Elmo Lund, of Oberlin, was with him on the briefs for appellant.

Kenneth Clark, of Hill City, argued the cause, and W.H. Clark and Marion W. Chipman both of Hill City, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

This appeal involves the question whether Della Cooper, widow of Milton I. Cooper who died intestate on March 21, 1963, waived her right to inherit any part of his estate by reason of a postnuptial property settlement agreement.

Della and Milton were married at Hoxie, Kansas, on December 17, 1953. Each had previously been married and divorced, and each...

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