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SIMONICH, EXECUTRIX v. WILT

No. 44,535

197 Kan. 417 (1966)

417 P.2d 139

FRANCES SIMONICH, Executrix of the Estate of John J. Heath, Deceased, Appellee, and WOODROW K. GINGERY, ELIZABETH GINGERY and DOROTHY DePAULI, Interveners-Appellees, v. MADENA WILT, Appellant.

Supreme Court of Kansas.

Opinion filed July 22, 1966.

Attorney(s) appearing for the Case

James P. Cashin, of Prairie Village, argued the cause, and John J. Lyons, Jr. and James R. Pusateri, both of Prairie Village, and Fred J. Freel, of Kansas City, Missouri, were with him on the brief for the appellant.

Walter G. Klamm, of Kansas City, argued the cause, and Chas. F. Burkin, Jr., also of Kansas City, was with him on the brief for the appellee, Frances Simonich, Executrix.

John J. Ziegelmeyer, of Kansas City, was on the brief for the Interveners-Appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action at law instituted by the executrix of an estate claiming as an asset of the decedent's estate moneys in a joint tenancy bank savings account standing in the names of the decedent and Madena Wilt (defendant-appellant). The case was tried to the court and appeal has been perfected by the defendant from an adverse judgment, holding the joint tenancy bank account was impressed with an oral...

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