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SIMMONS v. REYNOLDS

Nos. 40,149, 40,150

179 Kan. 785 (1956)

298 P.2d 345

SADIE B. SIMMONS, also known as SADIE Y. BOARMAN; ROBERT GRAHAM YETTER, KEITH BARTLETT YETTER, WARREN HILL YETTER and JUDD C. BENSON, Appellees, v. CLARENCE REYNOLDS, Trustee; THE OGALLAH CHRISTIAN CHURCH, a Corporation; CLARENCE REYNOLDS, J.L. POWERS, HORACE WYNN, S.L. POWERS, GEORGE GLASS, SR., LEO MATTKE, CARROLL WYNN, and THE TEXAS COMPANY, a Corporation (Defendant), Appellants. In the Matter of the Estate of Elizabeth Yetter, Deceased. SADIE B. SIMMONS, et al., Appellees, v. CLARENCE REYNOLDS, Trustee, et al., Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Richard M. Driscoll, of Russell, argued the cause, and Jerry E. Driscoll, of Russell, and Ralph H. Clark, of WaKeeney, were with him on the briefs for the appellants.

Ward D. Martin, of Topeka, argued the cause, and Ernest J. Deines, and William Wagner, both of WaKeeney, and A. Harry Crane, Arthur L. Claussen, Harvey D. Ashworth, Robert L. Webb, Ralph W. Oman, Philip E. Buzick, Robert A. McClure, and James D. Waugh, all of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

These consolidated appeals are from an order of the trial court overruling defendants' demurrer to plaintiffs' petition in each case.

Plaintiffs are the residuary legatees, and defendant The Ogallah Christian Church is the beneficiary under the trust created by the last will and testament of Elizabeth Yetter, deceased. Defendant Clarence Reynolds is the...

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