IN RE ESTATE OF DUNCAN

No. 52,666

7 Kan. App. 2d 196 (1982)

638 P.2d 992

In the Matter of the Estate of Edna E. Duncan, Deceased.

Court of Appeals of Kansas.

Petition for review denied March 3, 1982.


Attorney(s) appearing for the Case

Richard L. Friedeman, Glenn Opie and Fred L. Conner, of Conner, Opie & Friedeman, of Great Bend, and Harold H. Halstead, of Mercer Island, Washington, for appellant Shirley Duncan, individually and as Executor of the Will of Maurice W. Duncan, deceased.

Robert L. Bates and Kent Roth, of Hagen, Bates & Suelter, of Great Bend, for appellants Janet Lynn Duncan, Kevin Thane Duncan, Willow Le Duncan and Kyle J. Duncan.

Boyce P. Hardman, of Diets, Hardman, Watkins & Calcara, of Great Bend, for appellee The First National Bank and Trust Company in Great Bend, as Executor of the Will of Edna E. Duncan, deceased.

Don C. Foss, of Great Bend, for appellee, Maurice W. Duncan, Jr.

Before JUSTICE HOLMES, presiding, MEYER, J. and HARRY G. MILLER, District Judge Retired, assigned.


MILLER, J.:

This appeal involves a joint and mutual contractual will executed by George A. Duncan and Edna E. Duncan, husband and wife.

The will was executed on February 8, 1939. There is nothing remarkable about the will itself. George and Edna respectively owned property of substantial value. They made an agreement between themselves, as reflected in the will, that their properties should go first to the survivor...

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