PIXLEE v. PETTY

No. 44285.

274 S.W.2d 257 (1955)

Edwin C. PIXLEE and Virginia M. Pixlee, his wife, Franklin Pixlee and Eva W. Pixlee, his wife, Plaintiffs, v. Carrie PETTY, Hugh H. Pixlee and Norma H. Pixlee, his wife, Ethel Pixlee Steele and C. B. Steele, her husband, and Rillamae Pixlee Pierce and D. A. Pierce, her husband, Glorietta Pixlee Robnett, John Waller Pixlee, Jr. and Mrs. J. W. Pixlee, Jr., his wife, Marjorie Bohart Phillips and Edwin C. Phillips, her husband, Kate Nancy Bohart Hughes, and Charles E. Hughes, her husband, Bird B. Hockaday, Edna Richmond, Walter Curtis Robertson, Pixlee Petty and Opal Rice Petty, his wife, Leona Petty Breckenridge and J. B. Breckenridge, her husband, Gerald Cross, Administrator of the Estate of Maude Pixlee Shoemaker, deceased, and Margaret Bohart Moberly and Richard Robertson, Defendants-Respondents, Thomas J. Shoemaker, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

January 10, 1955.


Attorney(s) appearing for the Case

Clay C. Rogers, Kansas City, for appellant. James W. Benjamin, Rogers, Field & Gentry, Kansas City, of counsel.

Alan F. Wherritt, Liberty, Conn Withers, Liberty, John B. Ewing, Independence, for respondents. Wherritt & Turpin, Withers & Kiser, Liberty, of counsel.


VAN OSDOL, Commissioner.

This is an action instituted by certain of the collateral kindred of William T. Pixlee, deceased, to partition described lands which had been owned by decedent and which he had devised by his will of May 31, 1921. An issue of title to the described real estate was raised by the answer of defendant, Thomas J. Shoemaker, surviving husband of the sole surviving child of testator.

Defendant Shoemaker alleged himself to be "the owner in...

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