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IN RE ESTATE OF SHIRK

No. 43,925

194 Kan. 424 (1965)

399 P.2d 850

In the Matter of the Estate of Gertrude McCourt Shirk (Deceased). BETTY SHIRK, Appellee, v. WILLIAM S. SHIRK, Executor, et al., Appellants.

Supreme Court of Kansas.

Opinion filed March 6, 1965.

Attorney(s) appearing for the Case

Emmet A. Blaes, of Wichita, argued the cause, and Roetzel Jochems, Robert G. Braden, J. Frances Hesse, James W. Sargent, Stanley E. Wisdom, Cecil E. Merkel, Harry L. Hobson, Bruce W. Zuercher, L.D. Klenda, Charles M. Cline, Richard A. Loyd and Stephen M. Blaes, all of Wichita, and Jack O. Bowker, of McPherson, were with him on the briefs for the appellants.

Evart Mills, of McPherson, argued the cause, and Michael T. Mills of McPherson, was with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment which found the existence of an oral agreement to provide for a share in an estate, and decreeing specific performance of the agreement against the deceased promisor's estate.

This appeal is another chapter of the protracted litigation following the death of Gertrude McCourt Shirk of McPherson, Kansas. (See Shirk v...

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