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DAVIS v. NELSON

No. 50,527

227 Kan. 789 (1980)

610 P.2d 587

In the Matter of the Estate of Lloyd W. Davis, Deceased. JAMES D. DAVIS, Executor of the Estate of Ida C. Davis, Claimant-Appellant, v. RUTH I. NELSON, Executrix of the Estate of Lloyd W. Davis, Deceased, Respondent-Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1980.

Attorney(s) appearing for the Case

Don W. Noah, of Noah & Harrison, P.A., of Beloit, argued the cause and was on the brief for the claimant-appellant.

Fred Swoyer, of Swoyer & Simms, of Belleville, argued the cause and was on the brief for the respondent-appellee.

The opinion of the court was delivered by

FROMME, J.:

This appeal is from an order disallowing a claim against the estate of a deceased husband for support of his wife during a period of separation which preceded the husband's death.

The facts leading to the claim are not in dispute. Ida C. and Lloyd W. Davis were married at Belleville, Kansas, on August 31, 1904. They accumulated real and personal property during the course of their marriage. Five...

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