In Re the Estate of Loomis

The opinion of the court was delivered by

Fatzer, J.:

This case arises out of the construction of the will of Nellie Loomis and for direction as to the distribution of the residue of her estate devised by the third paragraph of her will to the “proposed Nellie Loomis Memorial Home for the Aged, Cheney, Kansas.” The district court entered judgment that the third paragraph of the will constituted a valid bequest and devise. The appellants are the decedents heirs at law. The appellee is the executor named in the decedent’s will.

The will was admitted to probate in Sedgwick County on February 19,…