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LINSON v. JOHNSON, EXECUTRIX

No. 48,183

223 Kan. 442 (1978)

575 P.2d 504

LUDIE LINSON, widow of George Linson, deceased, Appellant, v. MARY JOHNSON, Executrix of the Estate of George Linson, Deceased, and MARY JOHNSON, as an individual, Appellee.

Supreme Court of Kansas.

Opinion filed February 25, 1978.

Attorney(s) appearing for the Case

Thomas E. Joyce, of Joyce and Joyce, of Kansas City, argued the cause, and was on the brief for the appellant.

L. Franklin Taylor, of Payne & Jones, Chartered, of Olathe, argued the cause, and Keith Martin, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal from a summary judgment denying the right of a surviving spouse to inherit from her deceased husband's estate by reason of a decree of separate maintenance entered June 14, 1972, by the District Court of Jefferson County.

The question is whether the decree of separate maintenance which made a division of the property is final in the sense that property set apart to one spouse...

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