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STATE DEPARTMENT OF SOCIAL WELFARE v. EMERT

No. 45,671

205 Kan. 393 (1970)

469 P.2d 435

In the Matter of the Estate of Alexander Blakely, Deceased. STATE DEPARTMENT OF SOCIAL WELFARE OF KANSAS, Appellant, v. TIMOTHY R. EMERT, Administrator of the Estate of Alexander Blakely, Deceased, Appellee.

Supreme Court of Kansas.

Opinion filed May 9, 1970.

Attorney(s) appearing for the Case

W.B. Kirkpatrick, of Topeka, argued the cause, and Charles V. Hamm, of Topeka, was with him on the brief for the appellant.

Timothy R. Emert, of Independence, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from an order of a district court affirming an order of the probate court taxing the cost of administering a no-asset estate to the creditor petitioning for administration.

There is no dispute in the facts.

Alexander Blakely, prior to his death on January 26, 1965, resided in Elk City, Kansas, and was a recipient of welfare assistance through the Montgomery County Department...

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