Carroll v. First National Bank

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the trial court construing a joint will, and holding that a bequest for charitable purposes lapsed upon failure of the trustee to comply with a condition stated in the will.

The questions presented are: (1) Whether on the facts in this case the trial court erred in holding the bequest for charitable purposes in the joint will of a husband and wife was conditioned upon the building of a Catholic hospital in or within one mile of Coffey-ville, Kansas, within two years after the death of the survivor; and…