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IN RE ESTATE OF TOMPKINS

No. 44,186

195 Kan. 467 (1965)

407 P.2d 545

In the Matter of the Estate of Louisa Tompkins, Deceased. (DAVE CRAIG, MRS. DAVE CRAIG, MARGARET DONOVAN ALLEN, WILLIAM J. DONOVAN, CHARLES DONOVAN, DOROTHY DONOVAN EASLEY, CLARENCE DONOVAN, CHARLOTTE DONOVAN TITEL, MRS. RICKIE DONOVAN, Appellees, v. LOUISE HILDEBRAND and IDA M. SCHMIDT, Administrator C.T.A. of the Estate of Charles P. Tompkins, Deceased, Appellants.)

Supreme Court of Kansas.

Opinion filed November 6, 1965.

Attorney(s) appearing for the Case

Robert M. Bond, of El Dorado, argued the cause, and L.J. Bond, of El Dorado, was with him on the brief for the appellants.

Terence D. O'Keefe, of Atchison, argued the cause and Maurice P. O'Keefe, Steadman Ball, Dolan McKelvy and Maurice P. O'Keefe, Jr., of Atchison, and R.C. Woodward and H. Pauline Woodward, of El Dorado, were with him on briefs for appellees.

The opinion of the court was delivered by

KAUL, J.:

This action was commenced in the Probate Court of Butler County, Kansas, in the estate of Louisa Tompkins, Deceased, to construe the joint and mutual will of the said Louisa Tompkins and her husband Charles P. Tompkins. The petition was filed by Charlotte Donovan Titel, a residuary legatee of said will. Subsequently an action was filed in the District Court of Butler County, Kansas, by plaintiffs Dave Craig...

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