IN RE ESTATE OF WADE

No. 45,188

202 Kan. 380 (1969)

449 P.2d 488

In the Matter of the Estate of Wilma E. Wade, Deceased. (LOREN WADE, LENA NORTH and JESSIE LEFMAN, Appellants, v. H.E. DeTAR, FRANK BURT, RUBY BURT, JIMMY BYFORD, JANETTE BYFORD, Appellees.

Supreme Court of Kansas.

Opinion filed January 25, 1969.


Attorney(s) appearing for the Case

George K. Melvin and Milton P. Allen, both of Lawrence, argued the cause, and Gerald L. Cooley and Jerry L. Donnelly, both of Lawrence, were with them on the briefs for the appellants.

Olin K. Petefish and Peter K. Curran, both of Lawrence, argued the cause, and James L. Postma, of Lawrence, were with them on the briefs for the appellees.


The opinion of the court was delivered by

KAUL, J.:

The question presented in this appeal is whether the joint and mutual will of Erman Clinton Wade and Wilma E. Wade is contractual.

The evidence consisted of the testimony of the two witnesses to the will and that of Jacob E. Wade, the scrivener and a brother of Erman.

The findings of fact made by the trial court are not disputed by the parties. The position of appellants on appeal is that...

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