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IN RE ESTATE OF BARNES

No. 47,770

218 Kan. 275 (1975)

542 P.2d 1004

In the Matter of the Estate of Willis B. Barnes, Deceased, ELMER BARNES, JOHN BARNES, HELEN JESSEE and JOSEPH W. JETER, Guardian Ad Litem, Appellants, v. JAMES M. BAILEY, Executor, PAUL A. FLAX and KATIE R. SCHUSTER, Appellees.

Supreme Court of Kansas.

Opinion filed December 13, 1975.

Attorney(s) appearing for the Case

Kenneth Clark, of Clark and Shelton, of Hill City, argued the cause, and Norbert R. Dreiling, of Dreiling, Bieker and Kelley, of Hays, Joseph W. Jeter, of Hays, William Wagner, of Deines and Wagner, of WaKeeney, were with him on the brief for the appellants.

Donald L. Martin, of Flood, Martin, Coffelt and Flood, of Ellis, argued the cause, and was on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an appeal brought by the heirs-at-law of Willis B. Barnes from a judgment of the district court of Trego county admitting the will of Willis Barnes to probate. The judgment of the district court was entered after a trial de novo following an appeal from the probate court. This action was originally commenced in 1970 and has been before this court once before. (In re Estate of Barnes,<...

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