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JOHNSON v. MORAWITZ

No. 6630.

292 F.2d 341 (1961)

Lulu May JOHNSON, Appellant, v. Carl A. MORAWITZ, and R. W. Kurtze, Trustees of the Trust Estate of Orlando Jolliffe, a/k/a O. Jolliffe, deceased; and Irving Jewell, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 2, 1961.

Attorney(s) appearing for the Case

James W. Sargent and J. Francis Hesse (of Jochems, Sargent & Blaes), Wichita, Kan., for appellant.

Richard Jones and Robert J. Roth, Wichita, Kan. (A. W. Hershberger, Wm. P. Thompson, H. E. Jones, Jerome E. Jones and William R. Smith, Wichita, Kan., on the brief), for appellee Jewell.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

PICKETT, Circuit Judge.

Orlando Jolliffe died on May 20, 1945, leaving no direct lineal descendants. His sole heirs were nephews and nieces. By the terms of his will, his property, with the exception of some specific bequests, was placed in a trust for a period of ten years, and 111 beneficial shares were created in the trust. Distribution of income and principal was based upon the number of shares each beneficiary was to receive. The will provided that all bequests...

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