In Re the Estate of Carriger

Spencer, J.:

The sole issue involved in this appeal is whether the four natural children of the decedent, all of whom were adopted by others prior to decedent’s death, are entitled to an allowance from the decedent’s estate under the provisions of K.S.A. 59-403, which provides:

“When a resident of the state dies, testate or intestate, the surviving spouse shall be allowed, for the benefit of such spouse and the decedent’s minor children during the period of their minority, from the personal property of which the decedent was possessed or to which the decedent was entitled at the time of death,…