Bradley v. Estate of Jackson

Abbott, J.:

This appeal involves a construction of the residuary clause of the last will and testament of Nita Jackson, deceased. The residuary clause of decedent’s will reads: “All the rest and residue of my estate I give, devise and bequeath unto Mattie Grubb of Esbone, Kansas, and to my lawful heirs.”

The trial court concluded the residuary clause passed one-half of the residue of the estate of Nita Jackson to Mattie Grubb and the remaining one-half to the testatrix’s lawful heirs per stirpes. The executor argues that the testatrix intended a gift to a class composed of Mattie Grubb and the…