WINSOR v. POWELL

No. 46,296

209 Kan. 292 (1972)

497 P.2d 292

JOHN G. WINSOR and MABEL I. MOLZEN, Co-Executors of the Estate of WILBUR M. WINSOR, deceased, Appellees, v. SARAH E. POWELL, Appellant, AND JOHN G. WINSOR and MABEL I. MOLZEN, Co-Executors of the Estate of WILBUR M. WINSOR, deceased, Cross-Appellants, v. LESLIE A. POWELL and SARAH E. POWELL, Cross-Appellees.

Supreme Court of Kansas.

Opinion filed May 6, 1972.


Attorney(s) appearing for the Case

Emmet A. Blaes, of the firm of Jochems, Sargent & Blaes, of Wichita, argued the cause, and Edwin G. Westerhaus, of the firm of Wheeler, Westerhaus & Wheeler, of Marion, was with him on the brief for the appellant and cross-appellees.

Thomas A. Wood, of Wichita, argued the cause, and Roger H. Morse, of the firm of Morse & Batt, of Marion, was with him on the brief for the appellees and cross-appellants.


The opinion of the court was delivered by

FONTRON, J.:

This is a consolidated appeal from judgments entered in two lawsuits, both of which stem from controversies arising between members of the family of the decedent, Wilbur M. Winsor, often referred to herein as Wilbur. The executors named in the will of Mr. Winsor, being two of his six children, instituted both actions, one against the testator's daughter, Sarah E. Powell, the other against Sarah and her...

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