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IN RE ESTATE OF RICKLEFS

No. 46,640

211 Kan. 713 (1973)

508 P.2d 866

In the Matter of the Estate of Anna B. Ricklefs, Deceased. (JOHN ATWATER, Administrator, c.t.a., et al., Appellees, v. KATHLEEN MEEKS, ALBERTA CANTER, FLOYD CORDONIER, HOWARD CANTER, ANDREW CANTER, DARLENE MEIDINGER, JERRY CANTER, ROBERT CANTER, FREDA CANTER, MRS. HAROLD THOMPSON, FRANCES FOX, MARILYN Y. GEORGE, GERTRUDE BAUMAN, WANDA CHAPLIN, W.J. CANTER, DONNA MOLLENKOPF and MAXINE CHRISTMAS, Appellants.)

Supreme Court of Kansas.

Opinion filed April 7, 1973.

Attorney(s) appearing for the Case

Robert F. Duncan, of Atchison, argued the cause, and Richard P. Senecal, of Atchison, was with him on the brief for appellants.

Robert A. Reeder, of Troy, argued the cause and was on the brief for appellee administrator with the will annexed.

Jack R. Euler, of Euler and Euler, of Troy, argued the cause, and J.D. Euler, of the same firm, was with him on the brief for appellees BARBARA L. RICKLEFS, Executor of the Last Will and Testament of the Estate of Theodore D. Ricklefs, deceased; DELUS W. RICKLEFS; NORA ANN HIBSMAN.

The opinion of the court was delivered by

FATZER, C.J.:

This appeal presents a single question for the court's determination — did a devise under a will lapse because the death of the beneficiary occurred prior to the death of the testatrix?

Anna B. Ricklefs executed her last will and testament on April 12, 1960. She was a widow without children. The will provided, in part:

"FIRST: It is my...

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