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IN RE ESTATE OF SETH

No. 99,245.

196 P.3d 402 (2008)

In the Matter of the ESTATE OF Marvel M. SETH, Deceased.

Court of Appeals of Kansas.

November 21, 2008.

Attorney(s) appearing for the Case

Charles S. Arthur, III, and Derrick L. Roberson, of Arthur-Green, LLP, of Manhattan, for appellants Diane S. Paige, Dianah M. Colvin, and Daryl L. Seth.

Nina M. Miley, of Nina Miley Law Firm, of White City, for appellee Laryl E. Seth.

Before GREENE, P.J., HILL, J., and BRAZIL, S.J.

GREENE, J.

This appeal frames for our determination the interpretation and application of K.S.A. 59-618, which specifies circumstances for the belated admission of a will to probate by an innocent beneficiary after it has been knowingly withheld from probate during the 6 months following testator's death. The district court held that Laryl E. Seth, a beneficiary under the will of Marvel M. Seth, deceased, was an innocent beneficiary under the statute and permitted...

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