Ryan v. Cullen

The opinion of the court was delivered by

DAWSON, J.:

This is a case of considerable complexity, but thanks to the comprehensive statement of Mr. Justice West when it was here before (Ryan v. Cullen, 89 Kan. 879, 138 Pac. 430), it will require no extended recital now. The litigation grows out of the estate of Matthew Ryan, sr., a Leavenworth citizen of considerable property who died in 1893 leaving six children, Matthew, jr., Kate, Mary, Thomas, Jeptha and Ethan. One provision of the will of Ryan, sr., reads:

“5. I give and bequeath to my children, Matthew Ryan, Jr., Kate V. Sheedy, Jeptha D.…