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IN RE ESTATE OF HURD

No. 38,274

171 Kan. 375 (1951)

233 P.2d 703

In the Matter of the Estate of William A. Hurd, Deceased. (ANTHONY SHAY et al., Appellants, v. ARTHUR L. RISLEY et al., Appellees.)

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

Arvid Owsley, of Kansas City, Mo., argued the cause and J. N. Tincher, Clyde A. Raleigh, and J.N. Tincher, Jr., all of Hutchinson, were with him on the briefs for the appellants.

William H. Burnett, of Hutchinson, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was a proceeding to probate a will. The trial court ordered the will admitted. The opponents have appealed.

We do not have the pleadings before us. From what is said in the briefs, however, we gather the opponents, being some of the heirs at law of the testator, claimed that the testator was subjected to undue influence and lacked testamentary capacity...

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