In re Estate of Graves

The opinion of the court was delivered by This controversy stems from written defenses filed against the
executor's petition for final settlement disputing the executor's
interpretation of the language of a will. Laura M. Graves died testate, a resident of Kiowa County,
Kansas, November 9, 1965. Her last will and testament was dated
July 11, 1955. Due to the specific nature of the controversy we
find it necessary to present most of the terms of the will in
full. It reads:

"FIRST. I direct that all my just debts, funeral
and testamentary expenses, and all transfer,
inheritance, legacy, estate or succession taxes, dues
or charges, which may be payable on or in respect of
any legacy, devise or bequest in this will contained,
under any law of the United States of the State
or Kansas, which shall be in force at the time of
my death, shall be paid by my executor hereinafter
named.

"SECOND. I will and devise to my son, Harlan L.
Graves, the following described real property situate
in the county of Kiowa, and State of Kansas, to wit:

"The North half (N/2) of Section Six (6) in
Township Twenty-Nine (29) South, of Range Eighteen
(18) West of the 6th P.M.

together with my interest in the farm machinery and
equipment belonging to said farm. To Have and To
Hold, forever.

"THIRD. I will and devise to my daughter, Mary Faye
Holland, the following described real property
situate in the county of Kiowa and State of Kansas,
to wit:

"The South half (S/2) of Section Six (6) in
Township Twenty-nine (29) South, of Range Eighteen
(18) West of the 6th P.M.

To Have and To Hold, forever.

"FOURTH. For the express purpose of this will, I
direct that the probate court of Kiowa County,
Kansas, shall appoint three commissioners,
disinterested persons, to make personal view and to
appraise at its true value in money, the real
property hereinbefore devised in the second and third
paragraphs of this will, . . . and when such
appraisement has been made by said commissioners that
it be reduced to writing and returned to the probate
court of Kiowa County, Kansas.