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IN RE ESTATE OF THOMPSON

No. 45,877

206 Kan. 288 (1970)

478 P.2d 174

In the Matter of the Estate of Newell A Thompson, deceased. (M.D. KENNEDY, Administrator, Estate of Bertha O Thompson, deceased, Appellee, vs. BERNIE C. CLOWE, Executor of Estate Newell A. Thompson, deceased, Appellant.)

Supreme Court of Kansas.

Opinion filed December 12, 1970.

Attorney(s) appearing for the Case

Walter P. Robertson, of Weary, Weary & Chartier, of Junction City, argued the cause and was on the brief for appellant.

Phillip H. Schuley, argued the cause, and C.L. Hoover, both of Hoover, Schermerhorn, Clement & Schuley, of Junction City, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

This was a proceeding commenced in the probate court to determine whether the decedents' joint will was contractual.

On October 2, 1929, Newell A. and Bertha O. Thompson, husband and wife, executed a joint will, which, omitting the attestation clause, reads:

"Joint Last Will and Testament of Newell A. Thompson and Bertha O. Thompson, Husband and...

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