In re Estate of Reed

The opinion of the court was delivered by The facts were not disputed and are restated in part from In re Estate of Reed, 229 Kan. 431, 625 P.2d 447 (1981) (Reed I). Sarah R. Reed died in the Whippoorwill boating accident on Lake Pomona near Vassar, Kansas, on June 17, 1978. At the time of her death, she was Director of the School of Library Science at Emporia State University, and she was a resident of Lyon County, Kansas. Before she came to Kansas she was Assistant Dean of the Graduate Library School at Indiana University in Bloomington, Indiana. While she was living in Indiana she wrote out, in her handwriting and upon a sheet of stationery bearing her name at the top, the following document: SARAH R. REED June 1, 1973 This is to indicate my wishes should anything happen to me during the period between now and when I make out a will. I would like for the following people to have any of my personal and household effects they want: Margaret Griffin (Greenwood Ave.) and Mildred Lowell (Mrs. Wayne) of Bloomington and Pauline Winnick (2800 Quebec Ave., N.W., Washington, D.C. - 201-244-6964). The remaining jewelry goes to Mrs. Robert Johann, 4700 San Jacinto Terrace, Fallbrook, Calif. 92028, since most of it came from her. All remaining property including contents of First National Bank Safety Deposit Box goes to I.U. Foundation to be added either to the GLS Birthday Fund or to any other GLS fund where it is used for support for GLS Ph. D. students. Witnessed June 2, 1973 [signed] Benjamin F. Speller, Jr. [signed] Bernard M. Fry [signed] Clara McLeod The instrument contains no signature in the handwriting of Sarah R. Reed; her name appears only in the engraving at the top of the page. Shortly after Sarah R. Reed's death, a special administrator was appointed; later, the special administrator filed a petition for the issuance of letters of administration, alleging that Sarah R. Reed died intestate. Attached to the petition was the document copied above, which had been found among the deceased's possessions. Petitioner alleged that the document was not a duly executed will, but by reason of its contents petitioner believes that the [233 Kan. 533]