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IN RE ESTATE OF ROONEY

No. 40,652

181 Kan. 1029 (1957)

317 P.2d 416

In the Matter of the Estate of Harry P. Rooney, Deceased. MARGUERITE ROONEY, Executrix, and individually, Appellant, v. HARRY B. TILLER, Appellee.

Supreme Court of Kansas.

Opinion filed November 9, 1957.

Attorney(s) appearing for the Case

Charles Rooney and Charles Rooney, Jr., both of Topeka, were on the briefs for the appellant.

J. Francis Hesse, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, James W. Sargent, Stanley E. Wisdom, Vincent L. Bogart, Cecil E. Merkel, John W. Brimer and Harry L. Hobson, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This action involves the title to a quarter section of land in Haskell County referred to as the "McCoy place," and which was owned by testator and his wife as joint tenants. Inherent in the case is the question of the validity of her written consent to his will which devised the property (with certain reservations) to a nephew of testator, and the further question...

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