Otis v. Otis

The opinion of the court was delivered by

Marshall, J.:

The plaintiff brought this action to partition certain real property. The rights of the parties depend on the construction of the will of M. B. Otis. The will is as follows:

“Wilsey, Kansas, January 20, 1903.

“My wife, Martha Jane Otis to own all the real estate, personal property, notes, mortgages, interests, and bonds, all property that I may possess at my death.

“My son, Ora G. Otis to act as administrator. I want him to be admitted without bonds.. >

“All properties left at my wife’s death to be divided equally between my six children.

“I…