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KENDALL v. KENDALL

No. 32326.

43 Wn.2d 418 (1953)

261 P.2d 422

JOHN HOMER KENDALL, Respondent, v. FRANK C. KENDALL et al., as Trustees, Appellants, HOMER B. KENDALL, as Trustee, Respondent, FRANCES M. KENDALL, Individually and as Guardian ad Litem for John Kendall, Appellant.

The Supreme Court of Washington, En Banc.

October 5, 1953.

Attorney(s) appearing for the Case

Randall, Danskin & Lundin (Paul J. Allison, of counsel), for appellants Frank C. Kendall et al.

Witherspoon, Witherspoon & Kelley, for appellant Frances M. Kendall.

Richard S. Munter and Ennis & Herman, for respondents.

HILL, J.

We are required to construe a declaration of trust.

On December 30, 1938, John Kendall and Frances M. Kendall, husband and wife, then being, respectively, seventy-five and seventy years of age, executed a declaration of trust wherein it was recited that they each owned 477 shares of the common stock of the Standard Lumber Company and that their combined total of 954 shares represented a controlling interest in that company. (There were a total of...

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