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IN RE ESTATE OF KERN

No. 57,077

239 Kan. 8 (1986)

716 P.2d 528

In the Matter of the Estate of BIRDIE KERN, Deceased.

Supreme Court of Kansas.

Opinion filed March 28, 1986.

Attorney(s) appearing for the Case

Irvin R. Borenstein, of Law Offices of Arthur M. Schwartz, P.C., of Denver, Colorado, argued the cause, and Caleb Boone, of Law Offices of Thomas C. Boone, of Hays, was with him on the briefs for appellant/cross-appellee.

Daniel C. Walter, of Ryan, Walter & McClymont, Chartered, of Norton, argued the cause and was on the briefs for appellees/cross-appellants.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal from an order of the District Court of Phillips County admitting to probate the will of Birdie Kern. The appellant is Viola Engebrit, a niece of the decedent. The appellees are William and Doris Stowell, the executors and principal beneficiaries under the will. The principal issues before us are whether the testatrix lacked testamentary capacity to execute a will, and whether her will...

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