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PECK v. HORST

No. 38,710

173 Kan. 498 (1952)

249 P.2d 653

BEATRICE MARTIN PECK, Appellant, v. MARTHA MARTIN HORST, Appellee.

Supreme Court of Kansas.

Opinion filed November 8, 1952.

Attorney(s) appearing for the Case

Henry H. Asher, of Lawrence, argued the cause, and Myron S. Steere, of Ottawa, Clarence M. Gorrill and Alan F. Asher, both of Lawrence, were with him on the briefs for the appellant.

Basil W. Kelsey, of Ottawa, argued the cause, and Robert A. Anderson and Richard C. Byrd, both of Ottawa, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action to cancel and set aside a written instrument denominated "VOTING TRUST AND MANAGEMENT AGREEMENT" (hereinafter referred to as agreement) on the grounds (1) it is inequitable, unconscionable and unfair; (2) that it was executed at a time when plaintiff was dangerously sick, suffering from virus pneumonia and running a high temperature, and was under...

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