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CARSON, EXECUTRIX, v. ELLIS

No. 41,628

186 Kan. 112 (1960)

348 P.2d 807

LAOLA CARSON, Executrix of the Will of W.O. Ellis, Deceased, Appellee, v. JUANITA I. ELLIS, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1960.

Attorney(s) appearing for the Case

Thomas E. Gleason and Jules V. Doty, both of Ottawa, argued the cause, and Douglas Gleason, of Ottawa, and Hollis B. Logan, of Topeka, were with them on the briefs for the appellant.

William L. Rees, of Topeka, argued the cause, and Hall Smith and Wright W. Crummett, both of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action brought by the executrix, plaintiff (appellee), of the will of W.O. Ellis, deceased, against Juanita I. Ellis, defendant (appellant), former wife of deceased, to recover one-half interest in certain real estate, hereinafter referred to as a duplex, alleged to have been the property of W.O. Ellis at the time of his death, and for partition of the...

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