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ACKERS v. FIRST NATIONAL BANK OF TOPEKA

No. 43,403

192 Kan. 319 (1963)

387 P.2d 840

BESSIE M. ACKERS, and UNITED TRUST COMPANY, a corporation, Administrator of the Estate of Frank C. Ackers, deceased, Appellants, v. THE FIRST NATIONAL BANK OF TOPEKA, a corporation, Trustee; THE KANSAS UNIVERSITY ENDOWMENT ASSOCIATION, a corporation; FRANCES C. XANDERS; and CHARLOTTE XANDERS, a minor, Appellees.

Supreme Court of Kansas.

Opinion filed December 19, 1963.

Attorney(s) appearing for the Case

James C. Johnson, of Abilene, and Jacob A. Dickinson, of Topeka, argued the cause, and John F. Christner, Paul H. Royer, and R.H. Royer, all of Abilene, Paul C. Aiken, Sam A. Crow, Ralph E. Skoog, and Bill G. Honeyman, all of Topeka, were with them on the briefs for the appellants.

James T. Graves, of Salina, and James L. Postma, of Lawrence, argued the cause, and C.L. Clark, James P. Mize, and Thomas M. Lillard, Jr., all of Salina, and Olin K. Petefish, of Lawrence, were with them on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This appeal is from a judgment rendered in an action challenging the validity of a trust instrument which reserved a life interest in the grantor, gave him power to revoke, and conveyed property in which his nonresident wife would have otherwise acquired an interest by inheritance.

A comprehensive discussion of the issues requires a rather extensive presentation of facts.

Bessie M. Ackers...

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