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CURRY v. PERNEY

No. 44,028

194 Kan. 722 (1965)

402 P.2d 316

FLORA M. CURRY; DORIS G. ARMSTRONG; FRANCIS X. PERNEY, JR.; and FRANCIS X. PERNEY, JR., Executor of the Will and of the Estate of Francis X. Perney, Deceased, Appellants, v. MARY JUANITA PERNEY, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed May 15, 1965.

Attorney(s) appearing for the Case

E.J. Webber, of Topeka, was on the briefs and argued the cause for the appellants.

Arthur E. Palmer, of Topeka, argued the cause, and Lester M. Goodell; Marlin S. Casey; Raymond Briman; Murray F. Hardesty; Gerald L. Goodell; Wayne T. Stratton, and Robert E. Edmonds, all of Topeka, were with him on the briefs for the appellee and cross-appellant.

The opinion of the court was delivered by

PARKER, C.J.:

This controversy stems from an action to partition real estate.

Jean Perney, mother of the three individual plaintiffs and the wife of Francis X. Perney, died intestate July 12, 1953. Her estate was administered in the Probate Court of Shawnee County at which time her one-half interest in a house known as 207 Clay Street, Topeka, Kansas, was assigned to her husband and her three children. Francis...

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