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eBook details

• Title: Bindley v. Mitchell
• Author : Supreme Court of Kansas
• Release Date : January 10, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The opinion of the court was delivered by This was an action to partition a described half section of
land in Gray county. The trial court sustained plaintiff's motion
for judgment on the pleadings. Defendant has appealed. The legal question presented is the validity of an order of the
probate court, made on the final settlement of an estate,
determining the fractional shares of beneficiaries named in the
will. It arises in this way: S.P. Rinard, a resident of Gray
county and the owner of real and personal property in addition to
that here involved, died on February 1, 1946, testate. His will
was duly admitted to probate and an executor appointed, who
administered the estate and made his final report, which was duly
presented to the court and came on for hearing, and a final
decree was entered and an order made discharging the executor on
March 14, 1947. By that decree the court found the respective
shares of the beneficiaries named in the will and made an
appropriate decree assigning to each his respective share or
interest in the property. No appeal was taken from that decree.

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