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MATTER OF ESTATE OF BURCHAM

No. 65483.

811 P.2d 1208 (1991)

248 Kan. 897

In the Matter of the ESTATE OF Maudie Marie BURCHAM, a/k/a Marie M. Burcham and Marie Teague Burcham, Deceased.

Supreme Court of Kansas.

May 24, 1991.

Attorney(s) appearing for the Case

Joseph N. Vader, of Olathe, and Dana B. Vader, Washington, D.C., argued the cause, and Joseph N. Vader, was on the brief, for appellants.

Lewis A. Heaven, Jr., of Holbrook, Ellis & Heaven, P.A., Merriam, argued the cause, and Steven M. Goe, of the same firm, was with him on the brief, for appellee Iris Marie Kersten.

Eugene F. Gastl, of Shawnee, was on the brief, for appellee Elva M. Greer, administratrix, c.t.a.

ALLEGRUCCI, Justice:

This appeal concerns distribution rights under a joint, mutual, and contractual will, executed by Ray and Maudie Burcham, husband and wife. At issue is how Maudie's estate, as the survivor, should be distributed.

The facts are not disputed. Ray and Maudie Burcham were husband and wife. Maudie had one son from a prior marriage; Ray had no children. In a single-instrument will, which was executed on April 23, 1965, Ray and Maudie agreed...

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