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YUNGHANS v. O'TOOLE

No. 48,794

224 Kan. 553 (1978)

581 P.2d 393

KATHRYN M. O'TOOLE YUNGHANS, Appellant, v. JAMES P. O'TOOLE, Appellee.

Supreme Court of Kansas.

Opinion filed July 21, 1978.

Attorney(s) appearing for the Case

Fred S. Jackson, of Topeka, argued the cause and was on the brief for appellant.

John Weingart, of Finley, Miller, Cashman & Schuetz, of Hiawatha, argued the cause, and Harry E. Miller and Samuel L. Schuetz, of the same firm, were with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This action for partition of nine parcels of real estate was originally filed by Eugene F. O'Toole, one of three surviving children of Mary Reilly O'Toole and James J. O'Toole, both deceased, against his sister, Kathryn M. O'Toole Yunghans, and brother, James P. O'Toole. Mary Reilly O'Toole died intestate in 1930 and James J. O'Toole died intestate May 6, 1968. The nine properties, designated tracts 1 through...

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