City of Harper v. Fink

The opinion of the court was delivered by

Thiele, J.:

This was a proceeding in mandamus to compel the taxing authorities to strike from the tax rolls of Harper county certain real estate claimed to be exempt from taxation. The writ was allowed, and defendants appeal.

The plaintiff is a city of the seco'nd class under the statutes of this state. One E. E. Bollman, a resident of Harper county, died October 2, 1934, leaving a last will which was duly admitted to probate. The ninth paragraph of the will provided:

“Ninth: I give, devise and bequeath to the city of Harper, Kan., the southeast quarter…