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CROWTHER, ADMINISTRATOR v. BAIRD

No. 44,124

195 Kan. 134 (1965)

402 P.2d 753

HAROLD F. CROWTHER, Administrator c.t.a. of the Catherine M. Baird Estate, No. 9567, Appellant, v. R.A. Baird, a/k/a Richard A. Baird; NORMAN L. FAVORS, as Executor of the will of R.A. Baird, a/k/a Richard A. Baird; JAMES P. MIZE, Trustee for R.A. Baird, a/k/a Richard A. Baird; JAMES P. MIZE, Trustee; NORMAN L. FAVORS, Trustee for R.A. Baird, a/k/a Richard A. Baird; NORMAN L. FAVORS, Trustee; NORMAN L. FAVORS; THE FARMERS NATIONAL BANK, now the FIRST NATIONAL BANK AND TRUST COMPANY, Salina, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed June 12, 1965.

Attorney(s) appearing for the Case

Harold F. Crowther, of Salina, was on the brief for the appellant.

James P. Mize, of Salina, was on the brief for the appellees except the First National Bank and Trust Company, Salina, Kansas.

C.L. Clark, of Salina, was on the brief for the appellee, the First National Bank and Trust Company.

The opinion of the court was delivered by

HARMAN, C.:

Appellant was the plaintiff in an action commenced in the district court, denominated by him as one to impress a trust on funds to become due under a real estate contract of sale, which proceeding he states does in one action what would other-wise require several actions. He appeals from the trial court's order sustaining defendant's motion for summary judgment...

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