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IN RE ESTATE OF WOODS

No. 40,469

181 Kan. 271 (1957)

311 P.2d 359

In the Matter of the Trust Estate of Harry L. Woods, Deceased. (CATHERINE BILLINGS, Individually and as Co-Trustee of the Estate of Harry L. Woods, Deceased, Appellant, v. O.H. SANNER, Co-Trustee, THE CITY OF WELLINGTON, and WELLINGTON FOUNDATION, INC., Appellees.)

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

Howard T. Fleeson and Wayne Coulson, both of Wichita, argued the cause, and Homer V. Gooing, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Theodore C. Geisert, and Philip Kassebaum, all of Wichita, were with them on the briefs for the appellant.

W.M. Ferguson and Ford Harbaugh, both of Wellington, argued the cause and were on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This action to construe a testamentary trust was commenced in the probate court and transferred to the district court where an order of construction of the trust was made, from which order a co-trustee, who is also a beneficiary of the trust, has appealed.

The first question to be solved on appellate review is whether an order of final distribution made and filed by the probate court on July 31, 1951...

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