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IN RE ESTATE OF PARKER

No. 44,881

201 Kan. 1 (1968)

439 P.2d 138

In the Matter of the Estate of Emma E. Blalock Parker, a/k/a Emma E. Parker, a/k/a Emma E. Blalock, Deceased. RUBY M. SCOTT, WILLIAM L. HARRINGTON and SHERMAN PARKS, ADMINISTRATOR DBN CTA, Appellees, v. MILTON M. PARKER, Appellant.

Supreme Court of Kansas.

Opinion filed April 6, 1968.

Attorney(s) appearing for the Case

Edwin D. Smith, of Topeka, argued the cause, and David H. Fisher, Donald Patterson, C.K. Sayler, Jack L. Summers and Jerry R. Palmer, all of Topeka, were with him on the brief for the appellant.

Charles S. Scott, of Topeka, argued the cause, and Elisha Scott, Jr., John J. Scott and Samuel C. Jackson, all of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

Emma E. Blalock Parker, also known as Emma E. Parker and as Emma E. Blalock, died testate September 27, 1963. Her will was admitted to probate December 18, 1963, and William L. Harrington, a brother and one of the residuary devisees under the will, was appointed executor.

Subsequently, Milton M. Parker, claiming to be the common-law husband of the testatrix, filed an election not to take under...

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