WINDSCHEFFEL v. WRIGHT

Nos. 42,049 and 42,050

187 Kan. 678 (1961)

360 P.2d 178

ARNO WINDSCHEFFEL, as Special Administrator of the Estate of Charles M. Post, Deceased, MURIEL POST JEAKINS, MAY POST, WALTER MAXWELL, WILLIAM FAULHABER, SR., OPAL ORRISON, WILMA FAULHABER WISHART, WILLIAM FAULHABER, JR., EDGAR POST, LINNIE POST KENDRICK, ROY POST, HARRY POST, ESTHER POST and DAISY POST TUXHORN, Appellees, v. S.J. WRIGHT, CHARLES C. GOODALE, LEO GOODALE, CHARLES C. GOODALE as Administrator De Bonis Non of the Estate of Charles M. Post, Deceased, ULANA NOVAK, JEAN STORER, L. DEAN POST, DELLA POST, LILY POST, and MAXINE TUCKSEN, (S.J. WRIGHT, CHARLES C. GOODALE, LEO GOODALE, CHARLES C. GOODALE as Administrator De Bonis Non of the Estate of Charles M. Post, Deceased, Appellants), Appellants.

Supreme Court of Kansas.

Opinion filed March 4, 1961.


Attorney(s) appearing for the Case

A.W. Relihan, T.D. Relihan and T.E. Relihan, of Smith Center, were on the briefs for appellant Charles C. Goodale as Administrator De Bonis Non of the Estate of Charles M. Post, Deceased. Geo. E. Teeple and Robert H. Meyer, of Mankato, were on the briefs for S.J. Wright, Charles C. Goodale and Leo Goodale, appellants.

Arno Windscheffel, of Smith Center, Douglas Hudson, Howard Hudson and Douglas G. Hudson, of Fort Scott, were on the briefs for the appellees, and Lily Post and Maxine Tucksen, appellees. Dallas Cordill, of Osborne, was on the briefs for Ulana Novak, Jean Storer, L. Dean Post and Della Post, appellees.


The opinion of the court was delivered by

FATZER, J.:

The appellees, who are the special administrator of the estate of Charles M. Post, deceased, and thirteen of the remaindermen designated in the decedent's will, commenced this action in the district court of Smith County to set aside certain deeds

executed by Evaline Post Wright, the life tenant, and by her husband, S.J. Wright, upon the theory that the conveyances were violative of the power of...

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