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IN RE ESTATE OF HARGREAVES

No. 44,983

201 Kan. 57 (1968)

439 P.2d 378

In the Matter of the Estate of George W. Hargreaves, Deceased. (MARLIN E. McCABE, Appellee, v. EUGENE W. HIATT [substituted for Clyda D. Hargreaves, Executrix], Administrator de bonis non With Will Annexed of the Estate of George W. Hargreaves, Deceased, Appellant.)

Supreme Court of Kansas.

Opinion filed April 6, 1968.

Attorney(s) appearing for the Case

Eugene W. Hiatt, of Topeka, argued the cause, and Leland M. Spurgeon, of Topeka, was with him on the briefs for the appellant.

Myron L. Listrom, of Topeka, argued the cause, and Louis F. Eisenbarth, of Topeka, was with him on the briefs for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Appellee, Marlin E. McCabe, commenced this action by filing a petition in probate court for the allowance of a demand against the estate of George W. Hargreaves, deceased. The petition was based on an alleged oral agreement. Appellee alleged that Hargreaves, while in the hospital in the summer of 1956, agreed to give $5,000 to appellee if he would remain in Hargreaves's employment in his lumberyard until...

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