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ROBERTS v. COFFEY, ADMINISTRATOR

No. 44,853

198 Kan. 695 (1967)

426 P.2d 30

ALBERT H. ROBERTS, Appellant, v. HARLEY A. COFFEY, Administrator dbn, cta, of the Estate of Charles T. Roberts, Deceased; HELEN ROBERTS MAY, MARLENE ROBERTS, Natural Guardian of Kim Leslie Roberts, and KIM LESLIE ROBERTS, A Minor, Appellees.

Supreme Court of Kansas.

Opinion filed April 8, 1967.

Attorney(s) appearing for the Case

Frank G. Theis, of Arkansas City, argued the cause and was on the briefs for appellant.

Earle N. Wright, of Arkansas City, argued the cause, and Ted M. Templar and Tom Pringle, of Arkansas City, Grant H. Cole, of Winfield, and Ralph W. Gilbert, of Angleton, Texas, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

The action was one to enforce performance of an oral contract to devise and bequeath the plaintiff all of the property of his parents existing at their death. The plaintiff has appealed from that part of the judgment denying specific performance of the contract upon the ground performance would be inequitable.

As preliminary, it should be noted the decedent executed his last will and testament on...

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