HITCHCOCK v. SKELLY OIL CO.

No. 44,431

197 Kan. 1 (1966)

414 P.2d 67

EVA HITCHCOCK, WILLIAM E. ENDERS, et al., Appellants, v. SKELLY OIL CO., ALBERT M. AUSTIN, T. GRA GASTON, Trustee, et al., Appellees.

Supreme Court of Kansas.

Opinion filed May 13, 1966.


Attorney(s) appearing for the Case

Harold H. Malone, of Wichita, argued the cause, and Hal B. Malone and Wayne D. Coulson, both of Wichita, and Arthur C. Hodgson, of Lyons, were with him on the brief for the appellants.

Granville M. Bush, of Lyons, argued the cause and was on the brief for the appellee, T. Gra Gaston, trustee.

George B. Collins, of Wichita, argued the cause, and Clifford L. Malone, Cecil E. Merkle, and K.W. Pringle, Jr., all of Wichita, Rubert G. Martin, of Lyons, and William Scheurich, of Tulsa, Oklahoma, were with him on the brief for the appellees except T. Gra Gaston, trustee, and Skelly Oil Company.

William F. Pielsticker, of Wichita, was on the brief for the appellee, Skelly Oil Company.


The opinion of the court was delivered by

HARMAN, C.:

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 Pac. 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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases