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In re Estate of Keimig

Kansas Supreme Court

215 Kan. 869, 528 P.2d 1228 (1974)

Facts

Ruth Ann Huss (plaintiff) married Walter Keimig in 1925. Marital discord set in, and Huss obtained a divorce from Keimig in 1935. However, Huss and Keimig soon decided to reconcile. For nine years, the two held themselves out as man and wife, though they did not formally remarry. This included Huss’s practice of using Keimig as her last name. Huss then left Keimig and began living as the wife of another man, though she did not formally marry the man until 1972. Meanwhile, Keimig married another woman and named her as his heir in his will. Keimig died in 1971. Huss filed an election to take under Keimig’s will as his surviving spouse. The probate court ruled against Huss, finding that she was not Keimig’s legal wife at the time of Keimig’s death. Huss appealed to the county district court, which also ruled against her. Huss appealed to the Kansas Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Harman, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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