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IN RE ESTATE OF ECKEL

No. 42,693

191 Kan. 159 (1963)

380 P.2d 360

In re Estate of W.M. Eckel, Deceased. (ALICE C. HADWIGER, Appellant, v. JAMES L. TAYLOR, JOHN F. ECKEL, RUTH A. ECKLE and JULIA DOROTHY TAYLOR, as an Individual, and JULIA DOROTHY TAYLOR, as Executrix of the Estate of W.M. Eckel, Deceased, Appellees.)

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

Orval L. Fisher, of Wichita, and Robert L. Hadwiger, of Alva, Oklahoma, argued the cause, and F.D. Gaines, of Augusta, was with them on the briefs for the appellant.

L.J. Bond, of El Dorado, argued the cause, and Robert M. Bond, of El Dorado, was with him on the briefs for Julia Dorothy Taylor as an individual and also as executrix of decedent's estate.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the judgment of the trial court and from orders refusing to appoint a trustee in decedent's estate, allowing a partial executrix fee, and overruling a motion for new trial.

Decedent died on March 2, 1956. His last will and testament, executed on September 26, 1952, included the following provisions:

A city property was devised to his widow, Ruth, for life, and then his...

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