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IN RE ESTATE OF BURNS

No. 50,492

227 Kan. 573 (1980)

608 P.2d 942

In the matter of the Estate of K. Agnes Burns, Deceased, MARY ELAINE MEYERS, Claimant-Appellant, v. LORINE CLARK, Executrix of the will of K. Agnes Burns, Respondent-Appellee.

Supreme Court of Kansas.

Opinion filed April 5, 1980.

Attorney(s) appearing for the Case

Reid F. Holbrook, of Steineger, Holbrook, Parks & Fritz, of Kansas City, and Roy A. Larson, of Morris, Larson, King, Stamper, & Bold, of Kansas City, Missouri, argued the cause and were on the brief for the appellant.

John J. Bukaty, Sr., and John J. Bukaty, Jr., of Bukaty & Bukaty, of Kansas City, argued the cause and were on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This appeal is from a judgment in the district court denying a probate claim filed by appellant Mary Elaine Meyers. The claim is based upon a claim of title to certain funds used to restore the structure and furnishings of a residence owned by a decedent at the time of her death.

We are confronted at the outset with a motion to dismiss on the ground the appeal was not timely filed. The claim originally...

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