Law School Case Briefs
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Cox v. Forristall
Court of Appeals of Kansas (1982) | 640 P.2d 878; 7 Kan. App. 2d 275; 30 A.L.R. 4th 308; 1982 Kan. App. LEXIS 150
TL;DR: Delilah Stackley challenged a will interpretation allowing descendants of deceased children to share in portions left by children who died without issue. The court affirmed, construing the ambiguous will to distribute those shares per stirpes among the testator’s surviving children and descendants of deceased children.
Legal Significance: The decision applies the presumption against disinheritance and whole-instrument interpretation to an ambiguous remainder provision. It recognizes that “children” may include grandchildren when necessary to harmonize testamentary provisions and carry out the testator’s intent.