Smyth v. Thomas

The opinion o£ the court was delivered by

Price, C. J.:

This is an action to quiet the title to real estate in the city of Wichita.

*251The question in the case concerns the construction of certain language contained in item X of a will.

Allegations of the pleadings need not be detailed. The contentions of the parties will be evident as the facts are developed.

On April 5, 1932, Charles H. Smyth, a resident of Wichita, executed his last will and testament. Mr. J. Wirth Sargent, an attorney of Wichita, was the scrivener. The testator died on November 5, 1933, and his will was admitted to probate. He…