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GIESE v. SMITH

No. 44,215

195 Kan. 607 (1965)

408 P.2d 687

GEORGE GARFIELD GIESE, Appellee, v. LOUIS A. SMITH, a single man; et al., Appellees, and EMILIE J. LEES and WILLIAM C. LEES, her husband; ANNETTE S. DIETERICHS and FRANK F. DIETERICHS, her husband, and HERBERT MUELLER, Appellants.

Supreme Court of Kansas.

Opinion filed December 11, 1965.

Attorney(s) appearing for the Case

George D. Miner, of Ellsworth, argued the cause, and Paul L. Aylward and R.E. Miller, both of Ellsworth, and Emerson H. Shields, of St. John, were with him on the briefs for the appellants.

T.B. Kelley and Glenn E. Opie, both of Great Bend, argued the cause, and Fred L. Conner, of Great Bend, was with them on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This was an action in the nature of a suit to quiet title for the purpose of having the will of Christian P. Smith construed.

Christian P. Smith, a resident of Illinois, died testate on March 20, 1908. He owned seventeen quarter sections of land in Stafford County, Kansas and had rather extensive land holdings in the State of Illinois where his estate was probated. He left surviving him Frances...

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