McFADDEN v. McFADDEN

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Docket Number

No. 39,039

Attorney(S)

John R. Alden, of Hutchinson, argued the cause and was on the briefs for the appellants. George Barrett, of Pratt, argued the cause, and Baxter Taylor, of Oklahoma City, Okla., and E.R. Barnes and Richard Barrett, both of Pratt, were with him on the briefs for the appellee.

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JAMES A. McFADDEN, Appellee, v. JOHN K. McFADDEN and BERDIE McFADDEN BLESER, Appellants.

OPINION ON REHEARING.

SYLLABUS BY THE COURT

WILLS — Lost or Destroyed Wills — Decision Adhered to. The issues in an appeal from an order overruling motions directed against a judgment admitting a lost or destroyed will to probate re-examined and held — former decision adhered to.

The opinion of the court was delivered by

PRICE, J.:

The original opinion in this case is reported at 174 Kan. 533, 257 P.2d 146. The facts and questions involved will not be repeated here. A rehearing was granted to appellee. The parties filed additional briefs and the case was reargued orally at our November, 1953, session.

The court has re-examined the issues involved but finds nothing to cause it to alter the former decision, and it is adhered to.

JAMES A. McFADDEN, Appellee, v. JOHN K. McFADDEN and BERDIE McFADDEN BLESER, Appellants.

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