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Goetz v. Goetz

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eBook details

  • Title: Goetz v. Goetz
  • Author : Supreme Court of Kansas
  • Release Date : January 07, 1953
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

The opinion of the court was delivered by This was an action for a declaratory judgment and consequential
relief to construe the will and codicil thereto of Anna Goetz, a
resident of Ellis county, who died testate December 5, 1936. At
the time of her death she was survived by eight sons and three
daughters. About a year before her death she had conveyed by
warranty deed to her daughter, Mary Goetz, a described 80 acre
tract of land in Ellis county and certain lots in the city of
Victoria, reserving to herself all mineral, oil and gas rights in
and underlying the land. Her will, dated January 15, 1936, and a
codicil thereto, dated June 29, 1936, were duly admitted to
probate. The first six sections of her will provided for the
payment of her just debts, including her last sickness and
funeral expenses, and made specific bequests, not important here.
Section 7 reads:

"I give, devise and bequeath to my seven sons,
Anton Goetz, Andrew Goetz, Jacob Goetz, Herman Goetz,
Bernard Goetz, Joseph Goetz and Fidelis Goetz, the
following described real estate, subject to
restrictions as shown in Section Eight (8).

"(a) To my son, Anton Goetz, the West Half of the
Northeast Quarter (W 1/2 NE 1/4) of Section Ten (10),
Township Fourteen south (14s) Range Seventeen west
(17w).

"(b) To my son, Andrew Goetz, the West Half of the
Southwest Quarter, (W 1/2 SW 1/4) of Section Three
(3), Township Fourteen south (14s). Range Seventeen
West, (17w).

"(c) To my son, Jacob Goetz, the West Half of the
Southwest Quarter, (W 1/2 SW 1/4) of Section Two,
(2), Township Fourteen south, (14s), Range Seventeen
west, (17w).

"(d) To my son, Herrman Goetz, the South Half of
the Southeast Quarter, (S 1/2 S.E. 1/4) of Section Ten
(10), Township Fourteen south (14s) Range Seventeen
West (17w).

"(e) To my son, Bernard Goetz, The East Half of the
Northeast Quarter (E 1/2 NE 1/4) of Section Ten (10),
Township Fourteen south (14s) Range Seventeen West
(17w).

"(f) To my son, Joseph Goetz, the North Half of the
Northeast Quarter, (N 1/2 NE 1/4) of Section Ten
(10), Township Fourteen south (14s) Range Seventeen
West (17w).

"(g) To my son, Fidelis Goetz, the East Half of the
Southeast Quarter (E 1/2 S.E. 1/4) of Section three
(3), Township Fourteen south (14s) Range Seventeen
West. (17w). "All the above described land being situated in the
County of Ellis and State of Kansas."


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