In Re Estate of Tompkins

The opinion of the court was delivered by

Kaul, J.:

This action was commenced in the Probate Court of Rutler County, Kansas, in the estate of Louisa Tompkins, Deceased, to construe the joint and mutual will of the said Louisa Tompkins and her husband Charles P. Tompkins. The petition was filed by Charlotte Donovan Titel, a residuary legatee of said will. Subsequently an action was filed in the District Court of Rutler County, Kansas, by plaintiffs Dave Craig and Mrs. Dave Craig to declare certain alleged gifts void and to compel the defendant Louise Hildebrand to deliver to Ida M. Schmidt,…