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IN RE ESTATE OF CAROTHERS

No. 49,556

3 Kan. App. 2d 156 (1979)

591 P.2d 1091

In the Matter of the Estate of Nellie Mae Carothers, Deceased.

Court of Appeals of Kansas.

Petition for review denied May 10, 1979.

Attorney(s) appearing for the Case

J. Eugene Balloun and L. Franklin Taylor, both of Payne & Jones, Chartered, of Olathe, for the appellant.

Fred Mitchelson and Steven L. Cranford, both of Wheeler & Mitchelson, of Pittsburg, for the appellee Bob N. Cardwell.

Gwinn G. Shell, of Garnett, for the appellee Garnett Methodist Church.

Robert Anderson, of Ottawa, for the appellee University of Missouri at Kansas City.

Before FOTH, C.J., REES and SWINEHART, JJ.

FOTH, C.J.:

This is an appeal from an order denying certain attorney fees and expenses in a probate proceeding involving an estate of almost $300,000.00. The proceeding in question culminated in In re Estate of Carothers, 220 Kan. 437, 552 P.2d 1354 (1976) (hereafter Carothers I). The facts are set out at length in that opinion, and will be only briefly summarized here.

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