IN RE ESTATE OF ZIEBELL

No. 49,358

2 Kan. App. 2d 99 (1978)

575 P.2d 574

In the Matter of The Estate of AUGUST ZIEBELL, Deceased. MARILYN CAMPBELL, Appellee, v. JAMES K. SMITH, Administrator, Appellant.

Court of Appeals of Kansas.

Opinion filed February 24, 1978.


Attorney(s) appearing for the Case

Robert C. Johnson, of Herington, for the appellant.

David H. Heilman, of Council Grove, for the appellee.

Before REES, P.J., SWINEHART and MEYER, JJ.


SWINEHART, J.:

This is an appeal from an order denying a motion for summary judgment. The appellant is the administrator of an estate wherein appellee filed a claim in the nature of an action to enforce an oral contract between herself and the decedent to convey his real estate to appellee. The motion was decided on the basis of the amended claim filed by appellee, affidavits filed by appellant and depositions of witnesses named by both parties. The trial court denied...

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