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IN RE ESTATE OF BARNES

No. 46,712

212 Kan. 502 (1973)

512 P.2d 387

In the Matter of the Estate of WILLIS B. BARNES, Deceased. (John Barnes and Elmer Barnes, Appellants, JAMES M. BAILEY, Executor, Appellee.)

Supreme Court of Kansas.

Opinion filed July 14, 1973.

Attorney(s) appearing for the Case

Kenneth Clark, of Clark and Shelton, of Hill City, argued the cause, and Norbert R. Dreiling of Dreiling and Bieker, of Hays, was with him on the brief for the appellants.

Donald L. Martin, of Flood, Martin, Coffelt and Flood, of Ellis, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an appeal by certain heirs at law from an order admitting a will to probate. The issue is whether procedural shortcomings, particularly deficient listing of heirs and service of notice of hearing, deprived the probate court and, upon appeal, the district court of jurisdiction to order such probate.

The parties have stipulated to the facts presented in the record on appeal.

Willis...

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