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UNION NAT'L BANK & TRUST CO. v. ESTATE OF WERNING

No. 55,012

233 Kan. 671 (1983)

665 P.2d 192

UNION NATIONAL BANK & TRUST COMPANY, of Manhattan, Kansas, Conservator of the Estate of Herman A. Werning, An Incapacitated Person, Appellant, v. THE ESTATE OF HERMAN A. WERNING, Deceased, PAUL E. MILLER, Administrator, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1983.

Attorney(s) appearing for the Case

Charles S. Arthur, of Arthur, Green, Arthur & Conderman, of Manhattan, argued the cause and was on the brief for appellant.

Anne Burke Miller, of Ball & Miller, of Manhattan, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

The issue presented in this appeal is whether the nonclaim statute (K.S.A. 59-2239) bars payment from a decedent's estate of conservatorship and guardian fees and expenses allowed in a conservatorship estate where no claim or demand has been filed in the decedent's estate within six months after the date of the first published notice to creditors. The district court held the failure of the conservator...

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