Linson v. Johnson

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal from a summary judgment denying the right of a surviving spouse to inherit from her deceased husband’s estate by reason of a decree of separate maintenance entered June 14, 1972, by the District Court of Jefferson County.

The question is whether the decree of separate maintenance which made a division of the property is final in the sense that property set apart to one spouse cannot be inherited by the surviving spouse under the separate statutes governing intestate succession.

The Kansas Court of Appeals reversed the…