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IN RE ESTATE OF ROBERTS

No. 42,866

190 Kan. 248 (1962)

373 P.2d 165

In the Matter of the Estate of Elizabeth J. Roberts, Deceased. (MARK K. CARROLL, Bishop of the Roman Catholic Diocese of Wichita, Kansas, and M.J. GORGES, Parish Priest of Holy Name Church of Coffeyville, Kansas, Appellants, v. THE FIRST NATIONAL BANK OF COFFEYVILLE, KANSAS, Executor, HAROLD O'CONNELL, PATRICIA O'CONNELL LIND, MARGARET O'CONNELL WEST, JAMES O'CONNELL, HELEN GOETZ and CLARE BROWN, heirs of Elizabeth J. Roberts, deceased, Appellees.)

Supreme Court of Kansas.

Opinion filed July 13, 1962.

Attorney(s) appearing for the Case

Emmett A. Blaes, of Wichita, argued the cause, and Roetzel Jochems, also of Wichita, and Frank W. Liebert, of Coffeyville, were with him on the brief for the appellants.

Aubrey Neale, of Coffeyville, argued the cause, and Ray A. Neale, also of Coffeyville, was with him on the brief for the appellee, The First National Bank of Coffeyville.

Clement H. Hall, of Coffeyville, argued the cause, and James A. Brown, of Chicago, Illinois, was with him on the brief for the appellees, the heirs of Elizabeth J. Roberts, deceased.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the trial court construing a joint will, and holding that a bequest for charitable purposes lapsed upon failure of the trustee to comply with a condition stated in the will.

The questions presented are: (1) Whether on the facts in this case the trial court erred in holding the bequest for charitable purposes in the joint will of a husband and wife was conditioned...

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