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IN RE ESTATE OF WEIDMAN

No. 40,589.

181 Kan. 718 (1957)

314 P.2d 327

In the Matter of the Estate of Fred Weidman, Deceased. (WALTER WEIDMAN, Executor; EMMA WEIDMAN DRESSELHAUS; ANNA WEIDMAN PANKAU; JOHN WEIDMAN; REGINA WEIDMAN FELDKAMP; LENA WEIDMAN MOLLENKAMP; HENRY WEIDMAN; CARRIE WEIDMAN WILHELM; RALPH DAVIS; WARD DAVIS; DOROTHY KOBBEMAN; and RUTH PANZER, Appellants, v. JULIA MANNEL WEIDMAN; ANNA MANNEL VENEKLASEN; ADAM MANNEL; CHARLES MANNEL; WILLIAM ALT; ARTHUR ALT; CARL ALT; LENORA ERICKSON; and WILLIAM HENRY DAVIS, Appellees.)

Supreme Court of Kansas.

Opinion filed August 9, 1957.

Attorney(s) appearing for the Case

Jerry E. Driscoll, of Russell, argued the cause and Richard M. Driscoll, of Russell, John J. McCurdy, and Richard W. Wahl, both of Lincoln, were with him on the briefs for the appellants.

V.E. Danner, of Ellsworth, argued the cause, and D.B. Marshall, Jr., of Lincoln, John V. O'Donnell, and R.E. Miller, both of Ellsworth, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

This appeal requires construction of a will and a review of rulings made by the trial court with respect to the same subject on an appeal from probate court.

On November 2, 1950, Fred Weidman and Julia Mannel Weidman, who were at that time and since June 19, 1924, had been husband and wife and had no children, joined in the execution of a will which, including its attestation clause, reads:

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