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BOXBERGER v. COTTEN, EXECUTOR

No. 45,860

206 Kan. 456 (1971)

479 P.2d 869

MARY K. BOXBERGER, Appellee, v. PALMER COTTEN, Executor of the Estate of J. Ben Boxberger, Deceased, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1971.

Attorney(s) appearing for the Case

Rex L. Culley, of Russell, argued the cause, and John C. Woelk, of Russell, was with him on the brief for the appellant.

Charles Boyle, of Russell, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

The question presented by this appeal is whether an antenuptial agreement between a decedent and his surviving spouse is void as against public policy.

J. Ben Boxberger of Russell, Kansas, died testate on the 24th day of April, 1968, survived by his widow, Mary K. Boxberger. He had two adult sons and four adult daughters, all of a previous marriage. She had previously been married, had adult...

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