In Re Estate of Shirk

The opinion of the court was delivered by

Jackson, J.:

This is not the first time this case has been before this court on matters of pleading. It is here again. The first installment will be found in In re Estate of Shirk, 186 Kan. 311, 350 P. 2d 1, where the opinion begins by stating: “This proceeding was *514commenced in the probate court of McPherson County, Kansas, against the estate of a decedent for specific performance of an oral contract.”

The former case involved the petition of tire present appellant (hereinafter referred to as the petitioner) and the sustaining of a demurrer to her…