Hughes v. Wilson

LOWENSTEIN, Judge.

This is an action in prohibition. In September 1984, Charles Smith died intestate in Atchison County. Title to two tracts of Atchison County farmland was in Smith’s name. He was survived by a wife and five daughters. An estate was opened in October, 1984, with the widow Goldie Smith named as personal representative. That administration in the Probate Division of the Circuit Court of Atchison County still pends. On May 7, 1985, three of Smith’s daughters filed a civil suit in the Circuit Court of Atchison County to partition the real estate. The surviving spouse and the other…