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STEELE v. PEDROJA

No. 39,750

178 Kan. 441 (1955)

289 P.2d 738

ETHEL E. STEELE, EDWIN C. PIXLEE, FRANKLIN PIXLEE, RILLAMAE PIXLEE PIERCE, JOHN WALLER PIXLEE, JR., GLORIETTA PIXLEE ROBINETT, BIRD HOCKADAY, KATE NANCY BOHART HUGHES, MARGARET BOHART MOBERLY, RICHARD H. ROBERTSON, EDNA E. RICHMOND, CURTIS W. ROBERTSON, CARRIE PETTY, PIXLEE PETTY, LEONA PETTY BRECKENRIDGE, HUGH PIXLEE, and MARJORIE BOHART PHILLIPS, Claimants, Appellees, v. EDWARD E. PEDROJA, as Ancillary Administrator of the Estate of Maude Shoemaker and Thomas J. Shoemaker, as Intervener, Appellants.

Supreme Court of Kansas.

Opinion filed November 12, 1955.

Attorney(s) appearing for the Case

Douglas Hudson, of Fort Scott, and E.H. Hatcher, of Topeka, argued the cause, and Clay G. Rogers, of Kansas City, Missouri, Pross T. Cross and Gerald Cross, of Lathrop, Missouri, and Edward E. Pedroja, of Eureka, were with them on the briefs for appellants.

George C. Spradling, of Wichita, argued the cause, and Conn Withers and Alan F. Wherritt, both of Liberty, Missouri, John B. Ewing, of Independence, Missouri, Carl C. Chase, of Eureka, W.F. Lilleston, Henry V. Gott, George Stallwitz, Ralph M. Hope, Richard W. Stavely and Charles S. Lindberg, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

The legal questions presented in this appeal are: First, did a certain will create an estate tail in the daughter of the testator to certain Kansas land? And, second, are the claimants here estopped to claim otherwise by two certain prior actions, one in Missouri and one in Kansas?

The facts shown by the record necessary for determination of the questions presented, may be stated as follows:<...

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