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IN RE ESTATE OF FRESHOUR

No. 41,439

185 Kan. 434 (1959)

345 P.2d 689

In the Matter of the Estate of Stanton E. Freshour, Deceased. (LISLE C. FRESHOUR and ESTHER GATEWOOD, Appellees, v. GEORGE KING, Executor of the Last Will and Testament of Stanton E. Freshour, Deceased, et al, Appellants.)

Supreme Court of Kansas.

Opinion filed November 7, 1959.

Attorney(s) appearing for the Case

F.F. Wasinger, of Hays, argued the cause and was on the brief for the appellant, George King, Executor.

Henry F. Herrman, of Hays, argued the cause and was on the brief for the appellant, Frederick W. Freking, Bishop of the Diocese of Salina, Kansas.

Norman W. Jeter, of Hays, argued the cause and was on the brief for the appellants, Trustees of the First Methodist Church of Hays, Kansas.

Oscar Ostrum, of Russell, argued the cause, and J. Eugene Balloun, also of Russell, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

In this action the heirs of a testator challenge the validity of the trust provisions in the testator's will.

The question presented is whether certain devises and bequests in the testator's will establish charitable trusts or private trusts.

The decedent, Stanton E. Freshour, died testate on the 23rd day of April, 1953, at Hays, Kansas, and was survived by his two children. He was a...

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