Magaw v. Emick

The opinion of the court was delivered by

Thiele, J.:

This appeal arises from an action in the nature of one for a declaratory judgment, the purpose being to determine title to real estate.

In the petition the facts necessary for consideration are fully set forth, and for present purposes are as follows:

Dana C. MacVicar, a resident of Shawnee county, died intestate in June, 1947, leaving personal property of the value of about $38,-500 and real property of the value of about $168,500. The probate court of Shawnee county appointed C. A. Magaw as administrator of the MacVicar estate and he duly…