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YOUNGER v. ESTATE OF YOUNGER

No. 44,690

198 Kan. 547 (1967)

426 P.2d 67

MARVIN J. YOUNGER, MILDRED WEYER, PAUL YOUNGER, JR., LORENE PFANNENSTIEL, CAROL ANN SNODGRASS and HAROLD J. YOUNGER, Appellants, v. The Estate of Paul J. Younger, Deceased, and TOM SMYTH, Executor of the Estate of Paul J. Younger, Deceased, Appellees.

Supreme Court of Kansas.

Opinion filed April 8, 1967.

Attorney(s) appearing for the Case

J.H. Eschmann, of Topeka, argued the cause, and L.M. Ascough and John A. Bausch, also of Topeka, were with him on the brief for the appellants.

Tom Smyth, of Ness City, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to foreclose a note and mortgage executed by Paul J. Younger, deceased, to his wife, Helen Younger. The plaintiffs were bequeathed the note and mortgage by the will of their mother, Helen Younger, subject to certain benefits given to Paul J. Younger by the will during his life. The trial court held the action barred by the five-year statute of limitations, and appeal has been duly perfected...

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