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IN RE ESTATE OF HILLS

No. 48,152

222 Kan. 231 (1977)

564 P.2d 462

In the Matter of the Estate of Wallace P. Hills, Deceased.

Supreme Court of Kansas.

Opinion filed May 14, 1977.

Attorney(s) appearing for the Case

Harold L. Haun, of Council Grove, argued the cause and was on the briefs for the appellant and cross-appellee, Ethel P. Fritzler.

David H. Heilman, of Council Grove, argued the cause and was on the brief for the appellee, Lawrence C. Veerhusen.

Philip C. Lacey, of Lehmberg, Bremyer, Wise & Hopp, of McPherson, argued the cause, and Robert W. Wise, of the same firm, was with him on the briefs for the appellee and cross-appellant, Edna I. Hills.

No appearance on behalf of appellee, Marlin Brown, executor.

The opinion of the court was delivered by

SCHROEDER, J.:

The question presented by this appeal is whether real estate devised by the testator in his will was equitably converted in the testator's lifetime and passed under the provisions of his will as personal property.

Wallace P. Hills, a resident of Morris County, Kansas, was married to Edna I. Hills. No children were born to this marriage or adopted. On the date of Mr. Hills' marriage he owned,...

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