In Re Estate of Stroble

Prager, J.:

This is a dispute over the interpretation of a will and the application of the Kansas Anti-Lapse Statute (K.S.A. 59-615). The facts were stipulated by the parties in the district court and essentially are as follows:

1. Patricia J. Stroble died testate at Leavenworth, Kansas, on November 24, 1978. The instrument dated March 17, 1978, which was admitted to probate, is the Last Will and Testament of Patricia J. Stroble;

2. The sole heir at law of Patricia J. Stroble is Charles R. Stroble, her surviving spouse;

3. In May, 1975, Mary E. Klingele, mother of Patricia J. Stroble, moved into…