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IN RE ESTATE OF CLINE

No. 38,131

170 Kan. 496 (1951)

227 P.2d 157

In re Estate of J.R. CLINE, Deceased. (ANNA WABER, Appellee, v. HENRY ALFRED CLINE and SARAH ELIZABETH HODGES, sometimes known as Sadie M. Hodges, Appellants.)

Supreme Court of Kansas.

Opinion filed January 27, 1951.

Attorney(s) appearing for the Case

Stanley E. Toland, of Iola, argued the cause and was on the briefs for the appellants.

G.E. Pees, of Iola, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This appeal involves (1) the right of a daughter of her deceased father, J.R. Cline, to have a part of land devised to her exonerated from a mortgage and to have the amount thereof allowed as a claim against decedent's estate; and (2) her right to royalties paid to the executor for gravel taken from such land during the administration of decedent's estate, under a lease made by the testator.

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