In Re the Estate of Winslow

Rulon, J.:

This is a will contest case. Claimant Richard O’Neill II appeals the district court’s interpretation of a residuary clause. The executor of the estate and the remaining residuary legatees, respondents, cross-appeal the court’s denial of attorney fees under K.S.A. 60-211 and K.S.A. 60-2007. We affirm.

The material facts of this case are essentially undisputed and are as follows:

Mary Isabel Winslow (decedent) executed a will in November 1992. The clause at issue, the residuary clause, reads:

“All the rest and residue of my estate I will, devise and bequeath, share and share alike, per…