In Re Estate of Loper

The opinion of the court was delivered by

Fatzer: J.:

This proceeding was commenced in the probate court by H. B. Estes, executor of the estate of James G. Loper, deceased, to determine the validity of a warranty deed previously executed by the decedent conveying certain property in Topeka to his grandson, James G. Loper, Jr., and to construe paragraph two of the decedent’s subsequently executed last will and testament devising the income from that property to his wife, Elizabeth B. Loper, for her lifetime. The probate court determined that the warranty deed was validly delivered and passed fee…