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IN RE ESTATE OF THOMPSON

No. 47,083

213 Kan. 704 (1974)

518 P.2d 393

In the Matter of the Estate of Gerald F. Thompson, deceased. (LAWRENCE W. THOMPSON, individually and as executor of the Estate of Gerald F. Thompson, deceased, HERALD L. THOMPSON, and CHARLES L. THOMPSON, Appellants.) v. ROBERT E. Mooney and KAY GLADE, Appellees.

Supreme Court of Kansas.

Opinion filed January 26, 1974.

Attorney(s) appearing for the Case

Paul L. Aylward, of Miner, Aylward & Svaty, of Ellsworth, argued the cause and was on the brief for appellants.

L.E. Weltmer, of Weltmer, Weltmer & Weltmer, of Mankato, argued the cause, and Rockerick E. Weltmer, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal from an order of the district court holding the heirs of a deceased beneficiary succeeded to a one-half interest in the property of Gerald F. Thompson, deceased. The pertinent facts follow:

Gerald F. Thompson, testator, executed a will on December 30, 1965. The will provided, in part:

"SECOND: I give, devise and bequeath unto...

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