Tovey v. Geiser

The opinion of the court was delivered by

Dawson, C. J.:

Leon Arthur Preston and Faye Vandaveer Preston, husband and wife, died of asphyxiation in their home in Osawatomie on December 6 or 7, 1936. They left no children or other descendants. Mrs. Preston died intestate. Mr. Preston left a will executed before his marriage. By its terms he devised all his property to the appellant, Margaret Helen Tovey.

That his subsequent marriage to Mrs. Preston had the legal effect of reducing by one-half the extent of Mrs. Tovey’s interest in Mr. Preston’s estate, if Mrs. Preston survived her husband, is not…