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IN RE ESTATE OF STEWART

No. 38,238

171 Kan. 93 (1951)

229 P.2d 771

In the Matter of the Estate of JOHN STEWART, Deceased. ALBERT SEATON, Cross Petitioner, Appellant, v. FLORENCE E. JONES and CHESTER O. JONES, husband and wife, and EFFIE HASKELL and IRVING MYERS, Appellees.

Supreme Court of Kansas.

Opinion filed April 7, 1951.

Attorney(s) appearing for the Case

Walter E. Hembrow, of Council Grove, argued the cause and Thomas S. Mackie, of Council Grove, was with him on the briefs for the appellant.

Carl A. Ballweg, of Cottonwood Falls, and John E. Wheeler, of Marion, argued the cause and were on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was a proceeding to probate a will. An answer objecting to the probate and a cross petition asking probate of an earlier will were filed. Upon a hearing the probate court ordered the later will admitted to probate. Upon appeal the district court made the same ruling. The opponents of probate of the later will have appealed.

The petition for the probate...

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