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IN RE ESTATE OF CARRIGER

No. 50,524

4 Kan. App. 2d 594 (1980)

609 P.2d 685

In The Matter of the Estate of Donald R. Carriger, deceased.

Court of Appeals of Kansas.

Petition for review denied June 20, 1980.

Attorney(s) appearing for the Case

Muriel Andreopoulos, of Kansas City, for the appellant.

Jan A. Way, of Kansas City, guardian ad litem, for the appellees.

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

SPENCER, J.:

The sole issue involved in this appeal is whether the four natural children of the decedent, all of whom were adopted by others prior to decedent's death, are entitled to an allowance from the decedent's estate under the provisions of K.S.A. 59-403, which provides:

"When a resident of the state dies, testate or intestate, the surviving spouse shall be allowed, for the benefit of such spouse and the decedent's minor children during the period...

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