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IN RE ESTATE OF McKAY

No. 46,147

208 Kan. 282 (1971)

491 P.2d 932

In the matter of the Estate of Elizabeth McKay, Deceased. (DAN WEBB, Administrator of the Estate of Elizabeth McKay, Deceased, OREN L. McKAY, OPAL HERRING, LOWELL O. McKAY, JOSEPH McKAY and JACOB McKAY, Appellants, v. GLADYS DAVIS, Appellee.)

Supreme Court of Kansas.

Opinion filed December 11, 1971.

Attorney(s) appearing for the Case

Jack R. Euler, of the firm of Euler and Euler, of Troy, argued the cause and Robert Guier, of Troy, was with him on the brief for the appellants.

John S. May, of Atchison, argued the cause and J. David Farris, of Atchison, was with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an action to determine the right of an illegitimate child to inherit by intestate succession from an alleged paternal grandparent.

The essential facts are not in dispute. Elizabeth McKay, the decedent whose estate is involved in this litigation, died intestate on November 30, 1965. The decedent was survived by four sons and one daughter who, together with the administrator of her estate, are...

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