Russell v. Estate of Russell

The opinion of the court was delivered by

Prager, J.:

This is an action to construe a will. The facts in this case are not in dispute and are as follows: Milton C. Russell died at Wichita, April 28, 1972. His Last Will and Testament dated May 14, 1969, was admitted to probate. At the time the deceased executed his will he was married to Ina Clare Russell; they were divorced on February 20, 1970. The will dated May 14, 1969, was not revoked by the testator prior to his death. Ina Clare Russell survived the testator. The decedent was a single man at the time of his death and his heirs at law were…