Legal Opinion

In re Estate of Rickabaugh

Court of Appeals of Kansas

Decided September 11, 2015No. 111389Published

1Opinion of the Court

No. 111,389 IN THE COURT OF APPEALS OF THE STATE OF KANSAS In the Matter of the Estate of BEUFORD W. RICKABAUGH a/k/a B.W. RICKABAUGH, Deceased. SYLLABUS BY THE COURT 1. The construction of a written instrument, including a will, presents a question of law when the document, analyzed in its entirety or to its four corners, contains no pertinent ambiguity. If a survey of the will's language makes the testator's intent clear, the document is unambiguous and should be enforced consistent with that intent. 2. As a general matter, a will should be construed so as to avoid intestacy. 3. Speculative…

2Cases cited49 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Neal v. United StatesSupreme Court of the United States · 1996
  3. State v. KingSupreme Court of Kansas · 2009
  4. State v. ArnettSupreme Court of Kansas · 2010
  5. Firstar Bank, N.A., a National Banking Association v. Lawrence J. Faul and Faul Chevrolet, Incorporated, an Illinois CorporationCourt of Appeals for the First Circuit · 2001

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