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AMERINE v. AMERINE, EXECUTOR

No. 39,600

177 Kan. 481 (1955)

280 P.2d 601

FRANK H. AMERINE, KATIE AMERINE TILSON and CHARLIE P. AMERINE, Appellants, v. THOMAS H. AMERINE, Executor of the Estate of C.E. Amerine, Deceased, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1955.

Attorney(s) appearing for the Case

Pat Warnick, of Wichita, argued the cause, and Ralph C. Fleagle, of Syracuse, and Henry E. Martz and Alan B. Phares, both of Wichita, were with him on the brief for the appellants.

Logan N. Green, of Garden City, argued the cause, and P.C. Frazee, of Syracuse, and Ray H. Calihan, Daniel R. Hopkins, and Ray H. Calihan, Jr., all of Garden City, were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This appeal arises out of a proceeding originally commenced in the probate court for the probate of a will, the specific question now presented being whether the proof showed that the will was executed in the manner provided by G.S. 1949, 59-606.

The will in question was made under date of September 16, 1947, by C.E. Amerine and by its terms bequeathed and devised all of the testator's property...

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