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HARVEY v. HARVEY

No. 47,400

215 Kan. 472 (1974)

524 P.2d 1187

VERL HARVEY, Appellant, v. BOB HARVEY, ROBERT J. HARVEY, DORENE J. HUNKER, BETTY LOU JONES, HENRY E. PEAVLER, JOHN W. PEAVLER, DANIEL L. PEAVLER, DEBRA K. PEAVLER, JUANITA DODSON, LAURA L. COLLINS, WILLIAM M. DODSON, JOHN HARVEY, DONALD L. HARVEY, LANNY R. HARVEY, PHYLLIS C. BROWN, BARBARA BARGES, Defendants, and CHERI L. RICHARDS, CINDI L. DODSON, DANIEL J. DODSON, MICHAEL A. JONES, JACQUELINE V. PEAVLER, Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

John D. Clark, of Alkire, Clausing, Coldsnow and Wilkinson, of Wichita, argued the cause, and was on the brief for the appellant.

Donald L. Martin, of Flood, Martin, Coffelt and Flood, of Ellis, and William Wagner, of Deines and Wagner, of WaKeeney, argued the cause, and Ernest J. Deines, of Deines and Wagner, of WaKeeney, was with them on the briefs for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an action for a declaratory judgment in which the plaintiff-appellant, Verl Harvey, seeks to have certain portions of his mother's will declared to be invalid. The facts have been stipulated and essentially are as follows: Lulu Harvey, the testatrix, died on August 4, 1956. She was survived by five children and fifteen grandchildren. Since her death several...

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