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IN RE ESTATE OF PERKINS

No. 46,530

210 Kan. 619 (1972)

504 P.2d 564

IN THE MATTER OF THE ESTATE OF MAUDE PERKINS, a/k/a Maude M. Perkins, Deceased. EDWIN D. MORRISON, Appellant, v. MARLIN A. WHITE, Executor of the Estate of Maude Perkins, a/k/a Maude M. Perkins, GOVERNING BODY OF THE HOLTON CHRISTIAN CHURCH, HOLTON, KANSAS; Edna Palmer Deceased, Her Heirs, Executors, Administrators and Personal Representatives, Appellees.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

Arthur L. Claussen, of Topeka, argued the cause, and Edward S. Dunn, of Holton, was with him on the brief for the appellant.

James E. Parmiter, of Holton, argued the cause, and Marlin A. White, of Holton, was with him on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is a will contest. The district court after an extensive evidentiary hearing admitted to probate the last will and testament of Maude M. Perkins. The appellant, a nephew of the testatrix, attacks the will on two grounds:

(1) The will was not executed in compliance with the requirements of K.S.A. 59-606. (2) The testatrix lacked the mental...

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