Curry v. Perney

The opinion of the court was delivered by

Parker, C. J.:

This controversy steins from an action to partition real estate.

Jean Perney, mother of the three individual plaintiffs and the wife of Francis X. Perney, died intestate July 12, 195S. Her estate was administered in the Probate Court of Shawnee County at which time her one-half interest in a house known as 207 Clay Street, Topeka, Kansas, was assigned to her husband and her three children. Francis X. Perney then owned an undivided three-fourths interest and each child owned an undivided one-twelfth interest.

In February, 1959, Francis X.…