In re Estate of Loper

The opinion of the court was delivered by This proceeding was commenced in the probate court by H.B. Estes, executor of the estate of James G. Loper, deceased, to determine the validity of a warranty deed previously executed by the decedent conveying certain property in Topeka to his grandson, James G. Loper, Jr., and to construe paragraph two of the decedent's subsequently executed last will and testament devising the income from that property to his wife, Elizabeth B. Loper, for her lifetime. The probate court determined that the warranty deed was validly delivered and passed fee simple title to the grandson, James G. Loper, Jr., and that paragraph two of the will was inoperative and ineffectual. After hearing evidence on appeal, the district court made findings of fact and conclusions of law and affirmed the judgment of the probate court. The widow has appealed.