Elwood v. Kansas Soldiers' Compensation Board

The opinion of the court was delivered by

Burgh, J.:

The appeal brings up for review a judgment of the district court awarding unpaid compensation, allowed a deceased soldier of the World War, to the residuary legatee in his will.

After his claim of compensation had been allowed, but before payment was made, Carl John Elwood, a soldier of the World War, died. He left neither wife nor child, his mother was dead, and his father was his heir at law. He left a will in which his brother, Perry H. Elwood, was named residuary legatee, and the question is whether the heir or the legatee is entitled to…