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IN RE ESTATE OF MAXWELL

No. 56,539

10 Kan. App. 2d 360 (1985)

699 P.2d 573

In the Matter of the Estate of ICY M. MAXWELL, Deceased.

Court of Appeals of Kansas.

Opinion filed May 2, 1985.

Attorney(s) appearing for the Case

Margie J. Phelps, of Phelps-Chartered, of Topeka, for the appellant.

Edgar Wm. Dwire and Warren G. Jones, of Malone, Dwire and Jones, of Wichita, for the appellee Southwest National Bank.

Richard Foster, of McDonald, Tinker, Skaer, Quinn & Herrington, of Wichita, for the appellee Wichita Children's Home.

Harry E. Robbins, Jr., of Robbins, Tinker, Smith & Metzger, of Wichita, for the appellee Shriners' Hospitals for Crippled Children.

David M. Bryan, Jr., of Wichita, guardian ad litem.

Before FOTH, C.J., SWINEHART, J. and FREDERICK WOLESLAGEL, District Judge Retired, Assigned.

FOTH, C.J.:

This is an appeal from an order admitting a will to probate. Because of inadequate notice to decedent's heirs, we reverse.

Decedent executed the will on October 26, 1983. On October 30, she died. On November 1, her funeral was held, and the petition for probate was filed that afternoon. It recited that there were no known heirs despite the fact that counsel who drew the will and filed the petition had represented decedent for some seventeen years...

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