In Re the Estate of Hills

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, in his name alone, the following described real estate:

“The Northeast Quarter (NE %) of Section Fifteen (15), Township Sixteen (16) South, Range Four…