In re Estate of Taylor

The opinion of the court was delivered by This is an appeal from a judgment construing a will. The judgment of the district court is in the form of a written
opinion. It sets forth the issues involved, the rulings thereon,
and most of the salient facts on which the court based its
decision. For that reason such opinion will be quoted at length.
It reads:

RULING & JUDGMENT OF THE COURT

"Gentlemen:

"The records in this case disclose that on the 2nd
of January, 1953, Maggie Taylor, also known as
Margaret E. Taylor, deceased, made her will, which
has been admitted to probate in the Probate Court of
Wyandotte County, Kansas, and in said will there is
Paragraph No. 4 which reads as follows:

"`It is my will and I direct, in the event I have
not disposed of the property at 2323 Elmwood Street,
Kansas City, Kansas, at the time of my death, that it
go into and become a part of the assets of my estate,
and that same be sold and the funds derived from the
sale by distributed as per the laws of descents and
distribution of the State of Kansas.'

"It is stipulated and agreed that the said Maggie
Taylor, also known as Margaret E. Taylor, died on the
15th day of March, 1953, leaving as her sole and
surviving heir, her husband, Charley Taylor.

"It is further stipulated and agreed that on the
14th day of June, 1951. Maggie Taylor, also known as
Margaret E. Taylor, entered into an option contract
with Edward E. Gore and Othella Gore, husband and
wife, to sell Lots 49 and the east 15 feet of Lot 50,
in Coburn's Second Addition, now in and a part of
Kansas City, Kansas, for $4,065.45. That said
property was commonly known as 2323 Elmwood Street,
Kansas City, Kansas, and the same property referred
to in Paragraph 4 of the will.