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IN RE ESTATE OF PETTY

Nos. 51,406, 51,738

227 Kan. 697 (1980)

608 P.2d 987

IN RE the matter of the Estate of Robert R. Petty, Deceased. KATHLEEN PETTY, Widow, TERESA FOLEY and RICHARD PETTY, Adult Children, all of the Heirs of the Decedant, Appellants, v. EDWARD J. WHITE, the Named Executor in the Will of Robert R. Petty, Deceased, Appellee. AND EDWARD J. WHITE, Executor named in the Will of Robert R. Petty, Deceased, Petitioner, v. HON. JOHN L. WHITE, Associate District Judge, First Judicial District, Division No. 1, Leavenworth County, Kansas, KATHLEEN PETTY, RICHARD A. PETTY, TERESA FOLEY, and ROBERT W. LOYD, Special Administrator of the Estate of Robert R. Petty, Deceased, Respondents.

Supreme Court of Kansas.

Opinion filed April 5, 1980.

Attorney(s) appearing for the Case

Edward M. Boddington, Jr., of Boddington and Brown, of Kansas City, argued the cause for Teresa Foley and Richard Petty, and Albert E. Grauberger, of Kansas City, argued the cause for Kathleen Petty, and were on the briefs for the appellants.

David K. Fromme, of Weeks, Thomas, Lysaught, and Mustain, Chtd., of Overland Park, argued the cause, and Jon C. Christlieb, of the same firm, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This case is a consolidation of two separate actions: First, an appeal from an order of the district court of Leavenworth County admitting a will to probate and appointing as executor the person designated in the will and, second, an original proceeding in mandamus brought by the named executor against the district judge for an order directing the judge to accept the petitioner's oath as executor for filing...

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