Tomb v. Bardo

The opinion of the court was delivered by

Allen, J.:

This action was for a declaratory judgment to con*767strue a will and to determine the rights of the legatees and devisees thereunder.

William C. Bardo, a resident of Cowley county, died testate on the 6th day of December, 1938. Omitting formal parts, the will reads:

“Item One: I give and bequeath to my sister, Maggie Holmes, my business property at 111 South Summit street, Arkansas City, Kansas, to have and to hold forever.

“Item Two: I give and bequeath to my brother Harry’s wife, Emma Bardo, and his and her sons John, Frank and William Hensyl, my…