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HOARD v. SHELTON

No. 45,155

201 Kan. 145 (1968)

439 P.2d 123

BERTHA HOARD, Individually and as the Executrix of the Estate of Elmer E. Hoard, Deceased, Appellant, v. JOYCE SHELTON; LYLE HARRIS and GLENDON E. REWERTS, Co-Administrators of the Estate of Robert L. Hoard, Deceased; ELBERTA WHITTINGTON; RANDALL K. NEWELL; and PAMELA NEWELL STAPLES, Appellees.

Supreme Court of Kansas.

Opinion filed April 6, 1968.

Attorney(s) appearing for the Case

Ronald D. Albright, of Anthony, argued the cause and was on the brief for the appellant.

Paul R. Wunsch, of Kingman, and Glendon E. Rewerts, of Leoti, argued the cause, and Robert S. Wunsch and David D. Gaumer, both of Kingman, were with them on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This action was originally instituted in the probate court for alternative relief, either to correct an order of final settlement nunc pro tunc or to set aside the decree of final settlement in the decedent's estate dated November 27, 1962, on the ground that it is void.

Elmer E. Hoard died testate on the 11th day of September, 1960, a resident...

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