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BODLE v. BALCH

No. 41,546

185 Kan. 711 (1959)

347 P.2d 378

LUCILLE BODLE, Appellee and Cross Appellant, v. JOE F. BALCH, Trustee Under the Will of Walter E. Bodle, Deceased, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1959.

Attorney(s) appearing for the Case

Roetzel Jochems, of Wichita, argued the cause, and Joe F. Balch and Robert L. Briley, of Chanute, and Emmet A. Blaes, of Wichita, were with him on the briefs for the appellant.

Harold G. Forbes, of Eureka, argued the cause, and Thos. C. Forbes and George Forbes, of Eureka, and Charles E. Henshall, of Chanute, were with him on the briefs for the appellee and the cross appellant.

The opinion of the court was delivered by

WERTZ, J.:

Plaintiff (appellee), Lucille Bodle, brought this action under the declaratory judgment act, G.S. 1949, 60-3127 et seq., for the purpose of obtaining an interpretation of paragraph four of her deceased husband's will.

The petition alleged that Walter E. Bodle died, leaving a last will and testament which was admitted to probate. A copy of the will was attached to the petition. Under the terms...

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