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RICE v. SAYERS

No. 6488.

98 F.Supp. 634 (1951)

RICE et al. v. SAYERS et al.

United States District Court D. Kansas.

July 3, 1951.

Attorney(s) appearing for the Case

W. D. Jochems, Emmet A. Blaes and Robert G. Braden (of Jochems, Sargent & Blaes), all of Wichita, Kan., for plaintiffs.

W. L. Sayers and C. E. Birney, Hill City, Kan., and Jerry E. Driscoll (of Driscoll & Driscoll), Russell, Kan., for defendant trustees and for Atchison County Community High School of Effingham, Kan., and Rural High School Dist. #3, Hill City, Graham County, Kan., intervenors.

James P. Mize (of Clark & Mize), Salina, Kan., for Kansas Wesleyan University of Salina, Kan., and its Board of Trustees.

Harold R. Fatzer, Charles H. Hobart, Topeka, Kan., and Willis H. McQueary, Osawatomie, Kan., for University of Kansas, Lawrence, Kan., and its Board of Regents.

MELLOTT, Chief Judge.

Plaintiffs, who are nieces, nephews or descendants of deceased nieces and nephews of Augustus J. Rice, commonly known as A. J. Rice, seek to impress a resulting trust in their favor upon the assets now held by the defendant trustees under testamentary trusts. The beneficiaries under the several trusts, duly made parties herein, Fed.Rules Civ.Proc. rules 20 and 24, 28 U.S.C.A., have answered and join with the defendants in asserting that the trusts...

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