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HENSHIE v. McPHERSON & CITIZENS STATE BANK

No. 39,599

177 Kan. 458 (1955)

280 P.2d 937

LURA M. HENSHIE; MAUD LUPTON; NELLIE MAYBERRY; VERA SIMPSON; LULA M. NASH; L.E. NASH; MARJORIE SQUIRES; WILLIS N. NASH; DONALD NORRIS; G.H. NORRIS; VIRGINIA LEE SMITH; WIRT C. SALTHOUSE; GLADYS BOSTON; BERTHA C. HABERLEIN and MRS. JONAS ALMGREN, Appellants, v. THE McPHERSON AND CITIZENS STATE BANK, a Corporation, as Co-Executor of the Estate of H.L. Salthouse, deceased; S.S. SIMPSON, individually and as Co-Executor of the Estate of H.L. Salthouse, deceased; RACHEL SIMPSON; EULALIA SALTHOUSE, an insane person; and THE FIRST NATIONAL BANK IN WICHITA, a Corporation, Appellants. ROGER W. LOVETT, Guardian ad Litem and Attorney under Soldiers' and Sailors' Relief Act of 1940 as amended, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1955.

Attorney(s) appearing for the Case

Charles E. Jones, of Wichita, argued the cause, and J.R. Rhoades, and George R. Lehmberg, both of McPherson, and Mark H. Adams, William I. Robinson, J. Ashford Manka and Clifford L. Malone, all of Wichita, were with him on the briefs for the appellants.

Evart Mills and Roger W. Lovett, both of McPherson, argued the cause; Roger W. Lovett, of McPherson, was on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This is an appeal from an order of the trial court refusing to approve the tenth annual accounting of a testamentary trust. The trustees have appealed.

It is deemed wise to set down a few uncontroverted facts at the outset.

The trust was created by the will of H.L. Salthouse. In the second paragraph he declared his will that his daughter, Eulalia, should have the benefit and income from all...

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