IN RE ESTATE OF TRUEX

No. 45,616

205 Kan. 169 (1970)

468 P.2d 237

IN THE MATTER OF THE ESTATE OF BERTA MAE TRUEX, Deceased. Margaret E. Truex, Executrix of the Estate of Bennett C. Truex, Deceased, Appellant, v. Ruth Archer, Administratrix of the Estate of Berta Mae Truex, Deceased, Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1970.


Attorney(s) appearing for the Case

Roger Sherwood, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause, and Larry A. Withers, of the same firm, was with him on the brief for the appellant.

Robert E. Blase, of Wichita, argued the cause, and Paul W. Clark, also of Wichita, was with him on the brief for the appellee.


The opinion of the court was delivered by

FONTRON, J.:

The sole issue before us centers upon construction of the last will and testament of Berta Mae Truex.

Mrs. Truex died June 22, 1965, being survived by a son, Bennett C. Truex, and a daughter, Ruth Archer. So far as material to the question presented in this case, her will provided as follows:

"I hereby give, devise and bequeath my property as follows, to-wit: — Jointly to my son...

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