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POERTNER v. BURKDOLL

No. 44,953

201 Kan. 41 (1968)

439 P.2d 393

HAROLD E. POERTNER and FRANKLIN M. POERTNER, Appellants, v. DEAN BURKDOLL and BERT BURKDOLL, Executors of the estate of F.L. Burkdoll, Deceased, and Devisees and Legatees under the Last Will and Testament of the Decedent, Appellees.

Supreme Court of Kansas.

Opinion filed April 6, 1968.

Attorney(s) appearing for the Case

Leonard W. McAnarney, of Lyndon, argued the cause and was on the briefs for the appellants.

Harry T. Coffman, of Lyndon, argued the cause, and Stephen Jones, David Hederstedt and Gaylord Reichart, all of Lyndon, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a controversy as to whether the phrase "surviving issue," as used in a will, should be so construed as to include adopted children.

The procedural facts are not material to the issue before us for determination and will be omitted for the sake of brevity.

F.L. Burkdoll died testate on May 20, 1961. His will, as duly probated, made certain specific bequests which are...

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