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IN RE ESTATE OF ZAHRADNIK

No. 51,709

6 Kan. App. 2d 84 (1981)

626 P.2d 1211

In the Matter of the Estate of Georgina B. Zahradnik, Deceased. JUNIOR ZAHRADNIK, Appellant, v. GORDON L. ZAHRADNIK, Appellee.

Court of Appeals of Kansas.

Opinion filed April 24, 1981.

Attorney(s) appearing for the Case

Ron Svaty, of Aylward, Svaty & Sherman, of Ellsworth, for appellant.

Granville M. Bush, of Bush & Bush, of Lyons, for appellee.

Before JUSTICE PRAGER, presiding, ABBOTT, J., and J. PATRICK BRAZIL, District Judge, assigned.

PRAGER, J.:

The basic issue presented in this case is whether a certain joint and mutual will is also contractual. The parties to the action are Junior Zahradnik, appellant, and Gordon L. Zahradnik, appellee. They are brothers and the only children of the testators, Emil H. Zahradnik and his wife, Georgina B. Zahradnik. On November 28, 1973, Emil and Georgina executed a joint and mutual will which provided as follows:

"I, EMIL H. ZAHRADNIK, and I, GEORGINA...

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