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WOOLUMS v. SIMONSEN

No. 47,265

214 Kan. 722 (1974)

522 P.2d 1321

MARLENE LOU WOOLUMS, Appellant, v. CECILY ANN WALKER SIMONSEN, et al, Appellees.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

John Callahan, of Wichita, argued the cause, and was on the brief for the appellant.

Richard W. Holmes, of Holmes, Darrah and Mellor, of Wichita, argued the cause, and Tyrus C. Kaufman, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the trial court dismissing the plaintiff's action on the ground that it was filed prematurely.

T.O. Tanton, a resident of the State of Illinois, died testate on the 15th day of May, 1914, leaving a last will and testament dated April 22, 1911, and a codicil thereto dated May 3, 1911. T.O. Tanton had been a longtime resident of the State of Illinois and was a...

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