HAYS v. UNDERWOOD, ADMINISTRATOR

No. 44,168

196 Kan. 265 (1966)

411 P.2d 717

RUSSELL HAYS, Appellee, v. JUNIUS UNDERWOOD, Administrator de bonis non cum testamento annexo of the Estate of Dean Park, Deceased, Appellant. (Formerly HALCOLENE STROETER, Executrix of the Estate of Dean Park, Deceased.)

Supreme Court of Kansas.

Opinion filed March 5, 1966.


Attorney(s) appearing for the Case

Charles S. Fisher, Jr., of Topeka, argued the cause, and O. B. Eidson, Philip H. Lewis, James W. Porter, Peter F. Caldwell, William G. Haynes, Roscoe E. Long, R. Austin Nothern and Brock R. Snyder, all of Topeka, were with him on the briefs for the appellant.

George K. Melvin, of Lawrence, argued the cause and was on the briefs for the appellee.


The opinion of the court was delivered by

HATCHER, C.:

This controversy stems from a claim filed against a decedent's estate based on an alleged breach of contract.

Dean Park died testate on September 24, 1959. His wife, Halcolene Stroeter Park, was the sole legatee under his will.

For a number of years prior to his death Dean Park was engaged in the oil production business. Park had an oil and gas...

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