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IN RE ESTATE OF SHIRK

No. 43,925

194 Kan. 671 (1965)

401 P.2d 279

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 denying motion for rehearing filed May 1, 1965.

Attorney(s) appearing for the Case

Evart Mills and Michael T. Mills, both of McPherson, appeared on Appellee's Motion for Rehearing. A.W. Hershberger, Richard Jones, Wm. P. Thompson, H.E. Jones, Jerome E. Jones, Robert J. Roth, William R. Smith and Robert J. O'Connor, all of Wichita, appeared on the Appellee's Motion for Rehearing as amici curiae.

Emmet A. Blaes, of Wichita, and Jack O. Bowker, of McPherson, appeared on the Answer in Opposition to Appellee's Motion for Rehearing.

The opinion of the court was delivered by

HATCHER, C.:

The appellee has filed a motion for a rehearing challenging that part of the original opinion dealing with the quality of evidence required to meet the "clear and convincing test" necessary in establishing an oral contract with a person since deceased.

We have considered the motion for rehearing and find no issues pertaining to the question which was not fully considered and determined in the original...

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