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IN RE ESTATE OF MILLER

No. 49,549

225 Kan. 655 (1979)

594 P.2d 167

In the Matter of the Estate of H.S.B. Miller, Deceased. KENNETH CROMWELL, Plaintiff-Appellant, v. JOAN C. SCHAAF, Administrator C.T.A., Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed May 5, 1979.

Attorney(s) appearing for the Case

Philip C. Lacey, of Lehmberg, Bremyer, Wise, and Hopp, of McPherson, argued the cause and was on the brief for the appellant.

Philip E. Winter, of Morton and Winter, of Emporia, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This case involves a claim made by a remainderman against the estate of a life tenant in which the remainderman seeks an accounting and delivery of assets. Simply stated, the basic question presented is this: When a life tenant with a power of disposition commingles funds of the estate with his own funds and thereafter the commingled funds are partially expended, is there a presumption that the life tenant...

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