Babst v. Babst

*827The opinion of the court was delivered by

Dawson, J.:

This was an action for the specific performance of a contract pertaining to a family settlement of property rights and obligations.

The litigants are the four sons and the only daughter, of the late Thomas M. Babst, who died testate on February 2, 1920, seized of certain city property in Topeka and 800 acres of land in Wabaunsee county. His will was probated on March 8, 1920. By its terms he devised a life estate in all his property to his widow, Lola B. Babst, and the remainder in equal shares to these litigants, Harry L. Babst, Thomas M.…