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IN RE ESTATE OF MAGUIRE

No. 45,551

206 Kan. 1 (1970)

476 P.2d 618

In the Matter of the Estate of John F. Maguire, Deceased, DARLENE MAGUIRE SCARBROUGH, Appellant, v. LILLIAN MAGUIRE McNUTT, Individualy and as Administrator, c.t.a., d.b.n. of the Estate of John F. Maguire, Deceased, JEAN I. CECIL, KATHLEEN I. DUNCAN, and WILLIAM S. GREEN, Appellees.

Supreme Court of Kansas.

Opinion on rehearing filed November 7, 1970.

Attorney(s) appearing for the Case

Howard A. Spies, of Schroeder, Heeney, Groff, Spies & Craig, of Topeka, argued the cause, and John F. Gernon, of Hiawatha, was with him on the appellant's brief on rehearing.

No appearance was made by appellees.

OPINION ON REHEARING

The opinion of the court was delivered by

FONTRON, J.:

After our decision was handed down reversing the judgment of the district court, the appellees filed a motion for rehearing. This court granted the appellees' motion on April 12, 1970, but limited the rehearing to the following issue:

"Must a testamentary option granted two or more optionees be exercised jointly by all optionees?"

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