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IN RE ESTATE OF HUPP

No. 39,522

177 Kan. 202 (1954)

277 P.2d 618

In the Matter of the Estate of Katherine E. Hupp, Deceased; SARAH E. DILLMAN and LOUISE PROUTY, Petitioners and Appellants, v. L.J. NELSON, Executor of the Estate of Katherine E. HUPP, Deceased; LOUIS SPANGLER and EDWIN O. PETERS, Respondents and Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1954.

Attorney(s) appearing for the Case

Bernard Peterson and J.G. Somers, both of Newton, argued the cause, and George A. Robb and Forrest A. Wilson, both of Newton, were with them on the briefs for the appellants.

Cliff Morgan, of Newton, argued the cause and was on the briefs for L.J. Nelson, Executor, appellee; Lelus B. Brown, of Newton argued the cause and was on the briefs for Louis Spangler, appellee, and J. Rodney Stone, of Newton, argued the cause and was on the briefs for Edwin O. Peters, appellee.

The opinion of the court was delivered by

PRICE, J.:

This case had its origin as a demand against the estate of Katherine E. Hupp, deceased. It was disallowed by both the probate and district courts, and claimants have appealed.

Frank S. Hupp, the son of pioneer parents, a resident of Harvey County, died intestate on June 28, 1948. His heirs-at-law were one brother, George Walter Hupp, age 74, and four sisters...

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