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IN RE ESTATE OF PENN

No. 47,525

216 Kan. 153 (1975)

531 P.2d 133

In the Matter of the Estate of Forrest Penn, Jr., Deceased; CLARENCE ALLEN PENN, Appellant; MARVISS L. PENN, Appellee; MANUEL PENN, Administrator; MARCUS F. PENN, a Minor.

Supreme Court of Kansas.

Opinion filed January 25, 1975.

Attorney(s) appearing for the Case

Jerry G. Elliott, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and Robert M. Siefkin, of the same firm, was with him on the brief for the appellant.

Allyn M. McGinnis, of El Dorado, argued the cause and was on the brief for the appellee.

Wallace F. Davis, of El Dorado, guardian ad litem for Marcus F. Penn, a minor, joined in the brief for the appellant.

The opinion of the court was delivered by

FOTH, C.:

The issue in this case is whether a judgment of divorce is valid as between the parties when it is rendered in open court, with both parties present with counsel, and is noted on the court's trial docket, but no journal entry is filed and the clerk neglects to enter the judgment in the appearance docket. We hold that it is.

Forrest Penn, Jr., died intestate...

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