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SMYTH v. THOMAS

No. 44,437

198 Kan. 250 (1967)

424 P.2d 498

BETTY SMYTH, Appellant, v. CONSTANCE WINTERS SCHUBMEHL THOMAS et al., Appellees and Cross Appellants, and VICTORIA SUE SMYTH and ELIZABETH EVE SMYTH, Minors, Appellants.

Supreme Court of Kansas.

Opinion filed March 4, 1967.

Attorney(s) appearing for the Case

Lester C. Arvin, of Wichita, argued the cause, and Kay K. Arvin and Rodney H. Busey, both of Wichita, were with him on the brief for Betty Smyth, appellant.

Eugene L. Pirtle, of Wichita, argued the cause and was on the brief for Victoria Sue Smyth and Elizabeth Eve Smyth, appellants.

Paul R. Kitch and Roetzel Jochems, both of Wichita, argued the cause, and Willard B. Thompson, Hugo T. Wedell and Richard A. Loyd, all of Wichita, were with them on the brief for the appellees and cross-appellants.

The opinion of the court was delivered by

PRICE, C.J.:

This is an action to quiet the title to real estate in the city of Wichita.

The question in the case concerns the construction of certain language contained in item X of a will.

Allegations of the pleadings need not be detailed. The contentions of the parties will be evident as the facts are developed.

On April 5, 1932, Charles H. Smyth...

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