Legal Opinion

Gano Farms, Inc. v. Estate of Kleweno

Court of Appeals of Kansas

Decided August 11, 1978No. 49,105PublishedCited by 16 opinions

1Opinion of the Court

Foth, C.J.:

This is an appeal by a creditor from the denial of its claim against a decedent’s estate because it was barred by the nonclaim statute, K.S.A. 59-2239. The issue raised is whether a creditor may constitutionally be barred when the only notice given of the appointment of a decedent’s personal representative is publication notice in accordance with K.S.A. 59-2236.

The creditor, Gano Farms, Inc., has its principal place of business in Graham County. It sold merchandise to Donald D. Kleweno, a resident of Ness County. When Kleweno died, administration of his estate was commenced in the…

2Cases cited20 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Schroeder v. City of New YorkSupreme Court of the United States · 1962
  3. City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
  4. Walker v. City of HutchinsonSupreme Court of the United States · 1956
  5. Pierce v. Board of County CommissionersSupreme Court of Kansas · 1967

15 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
  2. William B. Tanner Co. v. Estate of FesslerWisconsin Supreme Court · 1981
  3. Palazzi v. Estate of GardnerOhio Supreme Court · 1987
  4. In Re the Estate of ReynoldsSupreme Court of Kansas · 1998
  5. Estate of Busch v. Ferrell-Duncan Clinic, Inc.Supreme Court of Missouri · 1985

11 more not listed; retrieve them via the Exa API.

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