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HEIER v. HEIER

No. 40,053

179 Kan. 561 (1956)

296 P.2d 1095

MARGARET HEIER; JACOB J. HEIER; MARTHA HEIER, a Minor, by MARGARET HEIER, Her Natural and Legal Guardian; PETER ZERR; EDGAR M. ZERR, a Minor, ANGELINE H. ZERR, a Minor, DANIEL J. ZERR, a Minor, HENRY V. ZERR, a Minor, by PETER ZERR, Their Natural and Legal Guardian; EMMA ZERR, also known as EMMA A.N. ZERR; GENEVIEVE ZIEGLER; and ROSALIE KRAFT, Appellees, v. PETER HEIER, JACOB HEIER, LUDWIG HEIER, LEO T. HEIER, and PETER HEIER, Executor of the Estate of Celicia Heier, Deceased, Appellants.

Supreme Court of Kansas.

Opinion filed May 5, 1956.

Attorney(s) appearing for the Case

Alex M. Fromme and Joseph W. Fromme, both of Hoxie, were on the briefs for the appellants.

W.H. Clark, Marion W. Chipman, and Kenneth Clark, all of Hill City, were on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This appeal arises out of a partition action but is more specifically from an order of the trial court appointing a receiver therein.

Briefly summarized, the facts in this case were that Balthaser Heier died intestate on November 1, 1944. His death was followed by that of his widow, Cecilia Heier, whose testate estate is now being probated. The parties to the action were the heirs and legatees of...

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