IN RE ESTATE OF WELLS, JR.

No. 79,834.

26 Kan. App.2d 282 (1999)

983 P.2d 279

IN THE MATTER OF THE ESTATE OF EMERY G. WELLS, JR., DECEASED.

Court of Appeals of Kansas.

Opinion filed July 16, 1999.


Attorney(s) appearing for the Case

William H. Stowell, of Phillipsburg, for appellant Eric Wells, Executor.

Jeffrey D. Wicks and Brian C. Wright, of Turner and Boisseau, Chartered, of Great Bend, for appellee Sharon Wells.

Before KNUDSON, P.J., LEWIS, J., and RICHARD M. SMITH, District Judge, assigned.


SMITH, J.:

This is an appeal from the district court's refusal to enforce the in terrorem provision of the last will and testament of Emery G. Wells, Jr. We reverse and remand with directions to enforce the provision.

On January 12, 1996, Emery executed his Last Will and Testament. Sharon Wells (from whom Emery was divorced) executed a valid consent, waiving her statutory rights. They remarried later that same day. In April 1996, Emery adopted Sharon...

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