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IN RE ESTATE OF SWEENEY

No. 46,631

210 Kan. 216 (1972)

500 P.2d 56

In the Matter of the Estate of John E. Sweeney, Deceased. VIRGINIA J. SWEENEY, Appellant and Cross-Appellee vs. MERCHANTS NATIONAL BANK OF TOPEKA, KANSAS, Executor and Testamentary Trustee of the Estate of John E. Sweeney, Deceased, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed July 19, 1972.

Attorney(s) appearing for the Case

Robert Ochs, of Fisher & Benfer, of Topeka, argued the cause, and Charles S. Fisher, Jr., of the same firm, was with him on the brief for appellant and cross-appellee.

Eugene W. Hiatt, of Hiatt & Spurgeon, Chartered, of Topeka, argued the cause, and Leland M. Spurgeon and Kenneth F. Crockett, of the same firm were with him on the brief for appellee and cross-appellant.

The opinion of the court was delivered by

FATZER, C.J.:

This appeal arises out of a claim for alimony and child support against a decedent's estate. The facts are not in dispute.

Following several years of marriage and the birth of five children, Virginia J. Sweeney sued John E. Sweeney for separate maintenance. Before the matter was heard, and on October 11, 1966, Virginia and John entered into what was characterized as a "stipulation" in which they...

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