Legal Opinion

Elwell v. Stewart

Supreme Court of Kansas

Decided January 7, 1922No. 23,386PublishedCited by 9 opinions

Appeal from Douglas district court; Charles A. Smart, judge.

1Opinion of the Court

*219The opinion of the court was delivered by

Mason, J.:

Hettie H. Culp died testate leaving all her property to Clyde Stewart, the executor, in trust for the’use of her mother, Derinda Elwell, during her life, any of the property remaining in his hands at her death to go to his two daughters. Mrs. Elwell brings this action for the construction of the will for the purpose of determining whether she is entitled to all the net income of the estate or only to so much as is necessary for her support. The trial court adopted the former interpretation and the executor appeals.

The only paragraph of the…

2Cases cited2 opinions

  1. Hardy v. MayhewCalifornia Supreme Court · 1910
  2. Grossenbacher v. SpringSupreme Court of Kansas · 1921

3Cited by9 opinions

  1. Union Oil Co. v. State Board of EqualizationCalifornia Supreme Court · 1963
  2. Home Builders Ass'n v. City of Overland ParkCourt of Appeals of Kansas · 1996
  3. McAllister v. LongSupreme Court of Oklahoma · 1952
  4. Holmes v. HolmesWashington Supreme Court · 1964
  5. Schauf v. ThomasSupreme Court of Kansas · 1972

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