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PARSONS v. SMITH, TRUSTEE

No. 42,940

190 Kan. 569 (1962)

376 P.2d 899

HENRY C. PARSONS, Appellee, v. LEAH SMITH, Trustee under a Trust Agreement dated July 15, 1959, and Executed by EDITH A. GOLDEN; NORMAN ANTHONY and N.H. ANTHONY, JR., Appellants.

Supreme Court of Kansas.

Opinion filed December 8, 1962.

Attorney(s) appearing for the Case

R.C. Woodward, of El Dorado, argued the cause, and H. Pauline Woodward, of El Dorado, was with him on the briefs for the appellants.

L.J. Bond, of El Dorado, argued the cause, and Robert M. Bond, of El Dorado, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

Plaintiff, Henry C. Parsons, brought this action against the defendants, Leah Smith, Trustee, and Norman Anthony and N.H. Anthony, Jr., as beneficiaries of the trust, to set aside the trust and decree that plaintiff was the owner of all the trust property, with its accumulations and substitutions, under and by virtue of the will of D.B. Golden, deceased.

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