IN RE ESTATE OF FREEMAN

No. 43,265

191 Kan. 503 (1963)

382 P.2d 483

In the Matter of the Estate of D.N. Freeman, Deceased. (MARGARET ELIZABETH PEROTTI, et al., Appellees, v. FIRST NATIONAL BANK OF TOPEKA, Executor, Appellant.)

Supreme Court of Kansas.

Opinion filed June 8, 1963.


Attorney(s) appearing for the Case

R.L. Hamilton, of Beloit, Kansas, and Ralph W. Oman, of Topeka, argued the cause, and Robert L. Webb, Philip E. Buzick, Wm. B. McElhenny, James D. Waugh, James L. Grimes, Jr., Donald J. Horttor, and James L. Berglund, all of Topeka, were with them on the briefs for the appellant.

Wendell S. Holmes, of Hutchinson, Kansas, argued the cause, and George E. Teeple, of Mankato, Kansas, and Thomas M. Howell, of Kansas City, Missouri, were with him on the briefs for the appellee.


The opinion of the court was delivered by

HATCHER, C.:

This appeal involves a dispute between the executor, which is also trustee under the will, and the heirs at law, over the disposition made of a petition designated "Petition for Construction of Will."

The facts and history of the proceedings material to the determination of the controversy may be stated as follows:

D.N. Freeman, a resident of Beloit...

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