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STATE DEPARTMENT OF SOCIAL WELFARE v. DYE

No. 45,576

204 Kan. 760 (1970)

466 P.2d 354

STATE DEPARTMENT OF SOCIAL WELFARE OF KANSAS, Appellee, v. EVERETT A. DYE, Administrator With Will Annexed of the Estate of Bertha Dye Lacen, Deceased, Appellant.

Supreme Court of Kansas.

Opinion filed March 7, 1970.

Attorney(s) appearing for the Case

Glenn J. Shanahan and John W. Jordan, both of Wichita, were on the brief for the appellant.

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

The opinion of the court was delivered by

SCHROEDER, J.:

The question presented by this appeal is whether welfare assistance furnished to the predeceased husband of a wife prior to their marriage can be recovered by the state department of social welfare from the deceased wife's estate under the authority of K.S.A. 39-719a.

The facts in this case are not in dispute.

Bertha Dye and Thomas Lacen were married on March 10, 1962. Prior to their...

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