Hitchcock v. Skelly Oil Co.

The opinion of the court was delivered by

Harman, C.:

This is a declaratory judgment action to construe the will of Cyrus Tobias and a family settlement agreement made thereafter. This appeal constitutes the second appearance of the will in this court (see Aten v. Tobias, 114 Kan. 646, 220 Pac. 196, wherein the will is largely reproduced).

The parts of the will with which we are primarily concerned in this appeal are as follows:

“It is my desire and Will, in which my wife, Susan E. Tobias, has expressed and does express a cordial concurrence and approval, to preserve intact the bulk, body and…