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IN RE ESTATE OF JOHNSON

No. 39,013

175 Kan. 82 (1953)

259 P.2d 176

In the Matter of the Estate of George E. Johnson, Deceased. ANNA PINKERTON, Appellant, v. MAGGIE JOHNSON (Cross-appellant), and MARION C. JOHNSON and ALVIN M. JOHNSON, as Executors and Trustees of the Estate of George E. Johnson, Deceased, et al., Appellees.

Supreme Court of Kansas.

Opinion filed July 6, 1953.

Attorney(s) appearing for the Case

Charles C. Calkin, of Kingman, argued the cause, and Archie T. MacDonald and Russ B. Anderson, both of McPherson, were with him on the briefs for the appellant.

George R. Lehmberg, of McPherson, argued the cause, and J. R. Rhoades, of McPherson, was with him on the briefs for the cross appellant, Maggie A. Johnson.

James A. Cassler, of McPherson, argued the cause, and Paul Lackie and Charles D. Johnson, both of McPherson, were with him on the briefs for the executors and trustees.

J.G. Somers, of Newton, argued the cause, and George A. Robb, of Newton, was with him on the briefs for Lulu B. Specht and twenty others, and for Roger Lovett, guardian ad litem.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action to construe a will. On March 28, 1925, George E. Johnson, a resident of Canton, in McPherson County, Kansas, duly executed his last will and testament. His wife had predeceased him. He was the father of ten children, one of whom had died, leaving six children. The first three paragraphs pertained to the payment of his debts, including expenses...

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