Kistler v. Fitzpatrick Mortgage Co.

The opinion of the court was delivered by

Harvey, J.:

This was an action to set aside a judgment alleged to be void. The trial court made findings of fact and rendered judgment for defendants. Plaintiff has appealed.

The facts disclosed by the record may be stated briefly as follows: William J. Kistler, a resident of Salina and the owner of a residence property there, died in July, 1926. He left surviving him his widow, Maria Kistler; a son, U. S. Kistler; and a grandson, John Albert Kistler, being the son of U. S. Kistler. He left a will, item II of which reads:

*468“I give, devise and bequeath unto…