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IN RE ESTATE OF DAY

No. 60,569

12 Kan. App. 2d 668 (1988)

753 P.2d 1296

In the Matter of the Estate of B.H. DAY, Deceased.

Court of Appeals of Kansas.

Petition for review denied June 22, 1988.

Attorney(s) appearing for the Case

James J. McGannon, of Regan & McGannon, of Wichita, for the appellant.

W.J. Fitzpatrick, of Independence, for the appellee.

Before ABBOTT, C.J., ELLIOTT, J., and THEODORE B. ICE, District Judge, assigned.

ABBOTT, C.J.:

Tom Day appeals from the order admitting an unexecuted copy of B.H. Day's will to probate and the appointment of Crane Day as executor of the estate.

Crane Day, Howard Day, and Tom Day are the sons and only heirs-at-law of their father, B.H. Day. B.H. Day executed a will on December 10, 1979. Evidence is strong that the will was placed in B.H.'s safety deposit box. Crane and Howard had access to the box. Tom did not. The will and a subsequently...

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