Opinion
No. 39,039
Opinion on rehearing filed December 12, 1953.
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.
Appeal from Pratt district court; CLARK A. WALLACE, judge. Opinion on rehearing filed December 12, 1953. Former opinion of reversal adhered to. (For original opinion see McFadden v. McFadden, 174 Kan. 533, 257 P.2d 146.)
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.
The opinion of the court was delivered by
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.