Allen v. Allen
Supreme Court of Kansas
Error from Miami District Court. Action in the nature of ejectment, by Elijah F. Allen against Rebecca J. Allen, A. B. Lavett and Sarah J. Lavett, begun June 8, 1881, to recover the undivided one-fourth of the S.W.J- of sec. 25, tp. 15, of range 24, east, in Miami county, and the undivided one-fourth of the west one-half of the S.W.J of sec. 25, tp. 15, of range 24, east, in said county, and also for the sum of $420 for rents and profits.
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Error from Miami District Court. Action in the nature of ejectment, by Elijah F. Allen against Rebecca J. Allen, A. B. Lavett and Sarah J. Lavett, begun June 8, 1881, to recover the undivided one-fourth of the S.W.J- of sec. 25, tp. 15, of range 24, east, in Miami county, and the undivided one-fourth of the west one-half of the S.W.J of sec. 25, tp. 15, of range 24, east, in said county, and also for the sum of $420 for rents and profits. Trial had at the October Term, 1881, by the court without a jury. The following is the agreed statement of facts: “It is agreed that on the 26th day of…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Two questions are presented by the record - for our consideration:
First, Is the will referred to in the agreed statement of facts the valid will and testament of James M. Allen, deceased ?
Second, If it is his will, has the real estate devised therein to Sarah. J. Lavett, net Allen, descended to the heirs of the testator by the neglect of the devisee?
*241. Will, joint inform, yet several. *23It is admitted in the statement of facts that the property •described in the will at the time of its execution belonged exclusively to James M. Allen, and…
2Cases cited1 opinion
- RogersSupreme Judicial Court of Maine · 1834
3Cited by9 opinions
- In Re Estate of JohnsonSupreme Court of Iowa · 1943
- Postlethwaite v. EdsonSupreme Court of Kansas · 1916
- Kininmonth v. CarsonSupreme Court of Kansas · 1943
- Moore v. SamuelsonSupreme Court of Kansas · 1920
- Chandler v. RichardsonSupreme Court of Kansas · 1902
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