Wilson v. Beeler

The opinion of the court was delivered by

Hoch, J.:

This was an action to quiet title to real estate. The only issue was the ownership of an undivided interest in the mineral rights. The plaintiff prevailed, and defendants appeal.

Benjamin Toothman died testate, a resident of Greene county, Missouri, in November, 1916. His will was admitted to probate in Greene county on November 11, 1916. • Along with other property he owned a quarter section of land in Montgomery county, Kansas, which was left, by the will, to his widow and his nine children in equal parts. At the time of his death three of…