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ACKERS v. FIRST NATIONAL BANK OF TOPEKA

No. 43,403

192 Kan. 471 (1964)

388 P.2d 1

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 denying motion for rehearing filed February 6, 1964.

Attorney(s) appearing for the Case

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

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

OPINION DENYING MOTION FOR REHEARING

The opinion of the court was delivered by

HATCHER, C.:

The appellees have filed a motion for rehearing challenging that part of the original opinion which permits a widow to assert her statutory right of inheritance against a trust made by her husband, now deceased, in which he reserved to himself the income for life with the right to revoke.

We have considered the motion for rehearing and find no issues...

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