[Download] "Hitchcock v. Skelly Oil Co." by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Hitchcock v. Skelly Oil Co.
- Author : Supreme Court of Kansas
- Release Date : January 13, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The opinion of the court was delivered by This is a declaratory judgment action to construe the will of Cyrus Tobias and a family settlement agreement made thereafter. This appeal constitutes the second appearance of the will in this court (see Aten v. Tobias, 114 Kan. 646, 220 P. 196, wherein the will is largely reproduced). The parts of the will with which we are primarily concerned in this appeal are as follows: ""It is my desire and Will, in which my wife, Susan E. Tobias, has expressed and does express a cordial concurrence and approval, to preserve intact the bulk, body and substance of the real estate of which I may die seized or possessed for the grand children of either and both myself and my wife, now living or hereafter to be born, and in the interpretation and execution of the terms of this Will, the foregoing condition of the minds of myself and my wife shall be borne in mind. . . . . . . . . . . . . . . ""3rd. I give, devise and bequeath unto my son, Edwin E. Tobias, my stepson Valentine O. Enders and my daughters Nora E. Jones, Katie V. Cherpitel, Bessie E. Aten and Amma S. Mason, share and share alike, for and during the term of their natural lives only, as hereinafter, in this Will, limited, defined and explained, all the rest, residue and remainder of the real estate of which I may die seized or possessed, wheresoever the same may be situated. ""Out of the rents and issues of said real estate, there shall be first paid, annually, by my executor, all taxes, charges and assessments thereon, and the residue of all rents, issues, profits and proceeds thereof shall be divided equally, share and share alike, between and among the six legatees above, in this paragraph, named. ""Upon the death of any, or either, of such six legatees, if he or she shall leave surviving a child or children, such child or children shall take the place and be entitled to the share of its or their parent, so long as any of the above named six legatees may live. If, upon the death of either of said six legatees, in this paragraph named, he or she shall leave no child surviving him or her, then, in such case, his or her share of the proceeds and rents of said real estate shall go to, and be divided among, the survivors of said six legatees, and the children of any deceased legatee or legatees as above provided.