(concurring in part): I concur in the result but I.do . not agree the instant case is controlled by Kirby v. Kirby, 143 Kan. 430, 55 P. 2d 356.
(concurring in part): I concur in the result but I.do . not agree the instant case is controlled by Kirby v. Kirby, 143 Kan. 430, 55 P. 2d 356.