Ewing v. Nesbitt

The opinion of the court was delivered by

Burch, J.:.

In the year 1893 John Ewing made his will. The fourth paragraph reads as follows:

“Fourth: I will and bequeath to my daughter, Mary .A. Nesbitt, nee Ewing, and to the heirs of her body, the south half (%) of the northwest"'quarter (%) of section No. twenty-one (21), township thirteen (13), of range twenty-four (24), in Johnson county, Kansas.”

Devises using the same language were made to the testator’s other children, four in number. Besides these the will contained four other devises, which were *709expressly stated to be “free and clear of all…