IN RE ESTATE OF GRAHAM

No. 47,636

216 Kan. 770 (1975)

533 P.2d 1318

In the Matter of the Estate of William E. Graham, deceased, JAMES E. GRAHAM, Appellee, v. THE HOME STATE BANK As Administrator de bonis non Appellant.

Supreme Court of Kansas.

Opinion filed April 5, 1975.


Attorney(s) appearing for the Case

Michael S. Holland, of Holland and Holland, of Russell, argued the cause, and Herbert N. Holland, of the same firm, was with him on the brief for the appellant.

Mark Arthur, Jr., of Thompson and Arthur, of Russell, argued the cause, and Marvin E. Thompson, of the same firm, was with him on the brief for the appellee.


The opinion of the court was delivered by

PRAGER, J.:

This case involves a claimed ademption or revocation of a specific devise of real estate where, during the lifetime of an incompetent testator, his attorney-in-fact acting on his behalf under a power of attorney, sold the real estate to provide funds to support the incompetent testator. The facts in the case are not in dispute and essentially are as follows:

(1) William E. Graham was the father...

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