Ross v. Ross

The opinion of the court was delivered by

West, J.:

This appeal presents the one question whether or not the plaintiff must be held in law to have elected to take under the will of his wife, Allie V. Ross., The testatrix died in 1913, at Philadelphia, leaving as her heirs the plaintiff and two children, Edward E. Ross and Violet E. Ross. At the time of her death Allie V. Ross owned a half section of land in Rice county, Kansas. She left a will by which she bequeathed all her property to her executors, her two children, in trust, to collect the rents and income and apply them (1) to the payment…