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HINCHLIFFE v. FISCHER

No. 44,648

198 Kan. 365 (1967)

424 P.2d 581

VENA HINCHLIFFE, Appellant, v. HELEN EWING FISCHER, FERDINAND STANLEY EWING, and HELEN EWING FISCHER, Executrix of the Will of Mary Ewing, Deceased, Appellees.

Supreme Court of Kansas.

Opinion filed March 4, 1967.

Attorney(s) appearing for the Case

Vincent G. Fleming, of Larned, argued the cause and was on the brief for appellant.

Walter F. Stueckemann, of Jetmore, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

FATZER, J.:

The question presented is whether the decedent, Mary Ewing, succeeded in effectuating her desire to vest title in the appellees, Helen Ewing Fischer and Ferdinand Stanley Ewing, to a section of land in Hamilton County by a "Private Annuity Contract" she executed during her lifetime, or whether she failed therein and the real estate remained an asset of her estate, entitling the appellant, Vena Hinchliffe...

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