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LAWRENCE NATIONAL BANK v. SHIRK

Nos. 38,641, 38,658

173 Kan. 76 (1952)

244 P.2d 179

THE LAWRENCE NATIONAL BANK, a banking corporation, as trustee under the will of A.R. Maxwell, Deceased, Appellee, v. RALPH WARNER SHIRK, Appellant, and JULIA LOUISE MAXWELL, Appellee. THE LAWRENCE NATIONAL BANK, a banking corporation, as trustee under the will of A.R. Maxwell, Deceased, Appellee, v. RALPH WARNER SHIRK, Appellee, and JULIA LOUISE MAXWELL, Appellant.

Supreme Court of Kansas.

Opinion filed May 10, 1952.

Attorney(s) appearing for the Case

Hylton Harman, of Kansas City, argued the cause, and Richard B. Steven and John W. Brand, both of Lawrence, were with him on the briefs for appellant and appellee Ralph Warner Shirk.

Chas. A. Springer, of Lawrence, argued the cause and was on the briefs for appellant and appellee Julia Louise Maxwell.

C.C. Stewart, of Lawrence, argued the cause, and O.K. Petefish, also of Lawrence, was with him on the briefs for appellee The Lawrence National Bank as trustee under the will of A.R. Maxwell, deceased.

The opinion of the court was delivered by

WERTZ, J.:

This was an action by the trustee to construe a will and for an order concerning disposition of funds in the hands of the trustee. From the judgment rendered by the court, defendant Ralph W. Shirk in case No. 38,641 appeals, and defendant Julia Louise Maxwell in case No. 38,658 appeals from the same judgment. For purposes of clarity appellee Lawrence National Bank, trustee under the will of A.R. Maxwell...

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