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IN RE ESTATE OF HANNAH

No. 47,511

215 Kan. 892 (1974)

529 P.2d 154

In the Matter of the Estate of Sophronia Clark Hannah, Deceased. LORENA ALICE CLARK and ROBERT D. CLARK, Appellants, v. MICHAEL E. CLARK and JULIE A. KRUTZ (formerly JULIE A. CLARK), Appellees.

Supreme Court of Kansas.

Opinion filed December 7, 1974.

Attorney(s) appearing for the Case

Robert C. Dauffenbach, of Wichita, argued the cause and was on the brief for the appellants.

Karl W. Friedel, of Martin, Cooper, Churchill & Friedel, of Wichita, argued the cause, and Dale H. Cooper, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

An action was filed by the trustee to construe the testamentary trust provisions of a will drawn in 1932 and filed for probate in Sedgwick County, Kansas, in 1935. One of the income beneficiaries died in 1972 and a contest developed between the sole surviving income beneficiary and the heirs of the deceased beneficiary. The trial court determined the matter in favor of the two heirs of the deceased income...

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