Armstrong v. Cities Service Gas Co.

The bombardment of this court with a 252-page record on appeal, most of which was designated by the appellees, and the confusion created by an attempt to summarize the evidence in the opinion, tend to obscure the simplicity of the facts and the issues presented. I cannot agree with the court’s decision in several particulars.

Title to the one-half section of real estate in question passed under the will of W. H. Armstrong, duly admitted to probate in the probate court of Douglas County, Kansas. Final settlement under the will was made in March, 1919. The will devised a life estate to Leland O.…