In Re Estate of Shirk

The opinion of the court was delivered by

Fatzer, J.:

This proceeding was commenced in the probate court of McPherson County, Kansas, against the estate of a decedent for the specific performance of an oral contract.

The will of the decedent, Gertrude McCourt Shirk, was admitted to probate in McPherson County on October 17, 1957, and the executor’s notice to creditors was first published on October 19, 1957.

On July 14, 1958, five days before the running of the nonclaim statute (G. S. 1949, 59-2239), the appellant, Betty Shirk O’Brien, the only daughter of Gertrude McCourt Shirk, filed her…