Hollenbeck v. Lyon

The opinion of the court was delivered by

Harvey, J.:

This was an action to quiet title to certain real property in the city of Salina. The trial court rendered judgment for plaintiff. Defendants have appealed. The question presented is the construction of a will.

The facts are not controverted and may be stated as follows: Carrie Burton, widow of J. R. Burton, while residing at Salina, but temporarily sojourning in California, died May 31, 1931, leaving a will. This provided: First, that her executor pay all her just debts and funeral expenses.

“Second. After the payment of such funeral expenses…