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IN RE ESTATE OF REITZ

No. 47,128

213 Kan. 534 (1973)

516 P.2d 909

In the Matter of the Estate of: Carl H. Reitz, Deceased; NELL ANN DEL CARLO, Legatee, Appellant, v. NORMAN M. RANKIN, Executor, et al., Appellees.

Supreme Court of Kansas.

Opinion filed December 8, 1973.

Attorney(s) appearing for the Case

John T. Flannagan, of Payne and Jones, Chartered, of Olathe, argued the cause and was on the brief for the appellant.

Bernis G. Terry, guardian ad litem, of Olathe, argued the cause, and James H. Bradley, of Olathe, was with him on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

This is an action to construe a will. The issue is whether a bequest of "personal effects" carries with it a $5,000 bank certificate of deposit.

The testator, Dr. Carl H. Reitz, was survived by three daughters and a number of grandchildren, children of his daughters. His will, dated December 18, 1967, was rather short and simple: Article I directed payment of debts and funeral expenses; Article II...

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