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IN RE ESTATE OF LOUGHMILLER

No. 52,359

229 Kan. 584 (1981)

629 P.2d 156

In the Matter of the Estate of Owen C. Loughmiller, Deceased.

Supreme Court of Kansas.

Opinion filed June 10, 1981.

Attorney(s) appearing for the Case

Richard L. Helms, of Jones & Dearth, Chartered, of Parsons, argued the cause and was on the brief for the appellant.

E. Richard Brewster, of Gehrt & Roberts, Chartered, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

Sam L. Loughmiller, Jr., executor of the estate of Owen C. Loughmiller, deceased, appeals from a trial court decision holding Peggy L. Loughmiller was legally married to the deceased and that the property settlement agreement between Peggy and Owen was not a valid consent to the will and failed as a post-nuptial agreement.

The facts are undisputed. Owen C. Loughmiller and Peggy L. Loughmiller were...

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