Shorten v. Judd ex rel. Runkle

The opinion of the court was delivered by

Johnston, J. :

This is a continuation of the litigation that was before this court in 1895, the main purpose of which is the setting aside of the will of William Judd, deceased, and the partition of real estate owned by him at the time of his death. (Shorten v. Judd, 56 Kan. 43, 42 Pac. 337.) A brief summary of the undisputed facts is that William Judd married Mary Toler on October 10, 1880, and a daughter, Jennie L. Judd, was born to them October 7, 1881. Early in 1882, a separation occurred, which was shortly followed by a decree of divorce, granted…