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IN RE ESTATE OF BIRNEY

No. 39,586

177 Kan. 624 (1955)

281 P.2d 1098

In the Matter of the Estate of J.A. Birney, Deceased. (HAROLD WELLINGTON BIRNEY, ETHEL AGNES ESTES and FAY C. LANE, Appellants, v. ORA A. BIRNEY and J.E. BIRNEY, Appellees.).

Supreme Court of Kansas.

Opinion filed April 9, 1955.

Attorney(s) appearing for the Case

Clarence N. Holeman, of Wichita, argued the cause, and Don C. Smith, of Dodge City, W.A. Kahrs, Robert H. Nelson, and Wilbur D. Geeding, all of Wichita, were with him on the briefs for the appellants.

E.C. Minner, of Dodge City, argued the cause, and Harry, A. Waite, of Dodge City, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

This is an appeal from a judgment of the district court of Ford County holding that a will and codicil were properly admitted to probate in the probate court of that county as the last will and testament of the involved decedent.

The facts giving rise to the controversy are undisputed and can be briefly stated.

J.A. Birney, long a resident of Bucklin...

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