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IN RE ESTATE OF KUHN

No. 46,155

208 Kan. 292 (1971)

491 P.2d 937

In the Matter of the Estate of Walter F. Kuhn, Deceased, D.J. PASSMORE, Appellant, v. RUBY L. KUHN and UNION NATIONAL BANK, Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1971.

Attorney(s) appearing for the Case

Charles Vance, of Vance, Hobble, Neubauer, Nordling & Sharp, of Liberal, argued the cause and was on the brief for the appellant.

Richard Jones, of Hershberger, Patterson, Jones & Thompson, of Wichita, argued the cause and was on the brief for the appellee, Ruby L. Kuhn.

Joseph W. Kennedy, of Morris, Laing, Evans & Brock, of Wichita, was on the brief for the appellee, Union National Bank.

The opinion of the court was delivered by

OWSLEY, J.:

This is an action to construe the provisions of the will of Walter F. Kuhn, who died in Sedgwick County, Kansas, on September 22, 1967, and the validity of the claim of D.J. Passmore, appellant, under said will.

The sole issue presented to the trial court and to this court was stipulated as follows: Is D.J. Passmore, by reason of the provisions of the last will of Walter F. Kuhn and the codicil...

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