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WALLACE v. MAGIE

No. 47,244

214 Kan. 481 (1974)

522 P.2d 989

CHARLES AGUSTUS WALLACE, MARY CHRISTINA WALLACE PHILLIPS, EDITH CATHERINE WALLACE LEE, MARGARET ALICE WALLACE PENTZER, SADIE MORRIS WALLACE SETTLES, CARRIE GOLDINA WALLACE THOMSON, ROBERT WILLIAM WALLACE, GLEN ELDER WALLACE, RUTH MAY WALLACE ALLEN, VERNON D. WALLACE, and VERA AGNES WALLACE STUBBLEFIELD, Appellants, v. C.H. MAGIE and LOURENA MAGIE, Appellees, v. THE HEALY COOPERATIVE ELEVATOR COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

Everett L. Baker, of Lyons, argued the cause and was on the brief for the appellants.

Douglas C. Spencer, of Oakley, argued the cause, and Corwin C. Spencer and James A. Spencer, also of Oakley, were with him on the brief for the appellees, C.H. Magie and Lourena Magie.

Gary R. Hathaway and K. Mike Kimball, of Hathaway & Kimball, of Ulysses, were on the brief for the appellee, the Healy Cooperative Elevator Company.

The opinion of the court was delivered by

OWSLEY, J.:

William R. Wallace, owner of the record title to the real property involved in this action, died on November 22, 1916, a resident of the State of Oregon. His will was admitted to probate and record in Lane County, Kansas, on June 28, 1919. He was survived by his wife, Della, who died in 1966, and twelve children, eleven of whom survive and are the appellants and plaintiffs in this action. They claim title...

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