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IN RE ESTATE OF MAGUIRE

No. 45,551

204 Kan. 686 (1970)

466 P.2d 358

In the Matter of the Estate of John F. Maguire, Deceased, DARLENE MAGUIRE SCARBROUGH, Appellant, v. LILLIAN MAGUIRE McNUTT, Individually 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 filed March 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 brief for the appellant.

Harry E. Miller, of Finley & Miller, of Hiawatha, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

In this appeal we are concerned with the interpretation of the last will and testament of John F. Maguire. The foremost and primary question is stated by the parties to be whether the seventh paragraph violates the rule against perpetuities and is an unreasonable restraint on alienation.

Mr. Maguire died December 26, 1932, being survived by his wife, Kathryn...

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