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BRADLEY v. ESTATE OF JACKSON

No. 48,735

1 Kan. App. 2d 695 (1977)

573 P.2d 628

HELEN ZOE BRADLEY, Appellee, v. The Estate of Nita Jackson, Deceased, EARL SAPP, Executor, Appellant.

Court of Appeals of Kansas.

Opinion filed December 9, 1977.

Attorney(s) appearing for the Case

Terry E. Relihan, of Smith Center, for the appellant.

Joseph S. Davis, Jr., of Breyfogle, Gardner, Davis & Kreamer, of Olathe, for the appellee.

Before HARMAN, C.J., ABBOTT and SPENCER, JJ.

ABBOTT, J.:

This appeal involves a construction of the residuary clause of the last will and testament of Nita Jackson, deceased. The residuary clause of decedent's will reads: "All the rest and residue of my estate I give, devise and bequeath unto Mattie Grubb of Esbone, Kansas, and to my lawful heirs."

The trial court concluded the residuary clause passed one-half of the residue of the estate of Nita Jackson to Mattie Grubb and the remaining one-half to...

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