Birney v. Birney

The opinion of the court was delivered by

Parker, J.:

This is an appeal from a judgment of the district court of Ford County holding that a will and codicil were properly admit*625ted to probate in the probate court of that county as the last will and testament of the involved decedent.

The facts giving rise to the controversy are undisputed and can be briefly stated.

J. A. Birney, long a resident of Bucklin in Ford County, Kansas, died in that city on November 10, 1951, at the age of seventy-seven, leaving five children surviving him as his sole and only heirs at law. Some two years prior to his…