IN RE ESTATE OF FOSTER

No. 42,867

190 Kan. 498 (1962)

376 P.2d 784

In the Matter of the Estate of Sarah G. Foster, Deceased. MIRIAM F. BALL, Appellant, v. MARVIN E. THOMPSON, Guardian ad litem for SANDRA BALL, CANDACE BALL and MARJORIE STAGGS, nee McCULLOUGH, Appellees and Cross-appellants, H.C. McCONNELL, ELSIE BENSO KILLIAN, and JOHN C. WOELK, JR., as Executors and Trustees, Appellees.

Supreme Court of Kansas.

Opinion filed December 8, 1962.


Attorney(s) appearing for the Case

Philip H. Lewis, of Topeka, and Thomas C. Boone, of Hays, argued the cause, and Melvin C. Poland, O.B. Eidson and James W. Porter, all of Topeka, were with them on the briefs for the appellant.

John C. Woelk, Jr., of Russell, argued the cause, and Glenn V. Banker, of Russell, was with him on the briefs for the appellee executors.

Marvin E. Thompson, of Russell, argued the cause, and was on the briefs pro se as guardian ad litem and for Marjorie Staggs, appellees and cross-appellants.


The opinion of the court was delivered by

JACKSON, J.:

This is an appeal in a case to construe the will of Sarah G. Foster after the estate had been administered and was ready for closing. Because of the importance of this case, it was set down for reargument at the November session of the court.

The three executors, who are also named as trustees in a trust created by the will, filed a motion asking that the will be construed.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases