Giese v. Smith

The opinion of the court was delivered by

Hatcher, C.:

This was an action in the nature of a suit to quiet title for the purpose of having the will of Christian P. Smith construed.

Christian P. Smith, a resident of Illinois, died testate on March 20, 1908. He owned seventeen quarter sections of land in Stafford County, Kansas and had rather extensive land holdings in the State of Illinois where his estate was probated. He left surviving him Frances Smith, his widow, and six children.

His will made separate specific devises and bequests to his widow and each of his six children consisting of the…