First Natl. Bk. of Kansas City v. Schaake

This appeal was first granted to the Supreme Court, but that court held that it did not have jurisdiction because the title to real estate was not directly involved; and that the record did not affirmatively show that the net value of testator’s estate was in excess of $7500. Whereupon the cause was transferred to this court. (See The First National Bank of Kansas City v. Mathilda C. Schaake, et al., 200 S. W. (2d) 326.)

The executors and trustee, The First National Bank, under the will of John Schaake, brought an action in the circuit court of Jackson County to have that court construe the…