IN RE ESTATE OF MURDOCK

No. 47,169

213 Kan. 837 (1974)

519 P.2d 108

In the Matter of the Estate of Marcellus M. Murdock, Deceased. PAULA MURDOCK, JANET M. JENNINGS, DAVID COLWELL and VICI COLWELL McCOMB, Appellants and Cross Appellees, v. VICTORIA BLOOM, MARSH M. MURDOCK, and THE FIRST NATIONAL BANK IN WICHITA, Executor, Appellees and Cross Appellants.

Supreme Court of Kansas.

Opinion filed January 26, 1974.


Attorney(s) appearing for the Case

Verne M. Laing, of Morris, Laing, Evans, Brock and Kennedy, Chartered, of Wichita, argued the cause, and Ken M. Peterson, of the same firm, was with him on the briefs for the appellant and cross appellee Paula Murdock.

Paul R. Kitch, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Thomas D. Kitch, of the same firm, was with him on the briefs for the appellants and cross appellees Janet M. Jennings, David Colwell and Vici Colwell McComb.

Bryson E. Mills, of Mills and Baehr, of Wichita, argued the cause, and Ronald K. Badger, of Wichita, was with him on the brief for the appellee and cross appellant Victoria Bloom.

H.E. Jones, of Hershberger, Patterson and Jones, of Wichita, argued the cause, and Stephen Jones, of the same firm, was with him on the brief for the appellee and cross appellant Marsh M. Murdock.

Charles W. Harris, of Weigand, Curfman, Brainerd, Harris and Kaufman, of Wichita, argued the cause, and Lawrence Curfman, of the same firm, and Sidney J. Brick, of Wichita, were with him on the briefs for the appellee and cross appellant The First National Bank in Wichita, executor.


The opinion of the court was delivered by

HARMAN, C.:

Presented here are appeals from summary judgment holding that an antenuptial contract was valid and enforceable against a decedent's estate. Consolidated with them are later appeals from awards of attorneys' fees.

There is no dispute in the facts pertinent to the litigation.

On June 24, 1940, Marcellus Murdock and Paula Vaughan entered into the agreement in question. Marcellus was then fifty...

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