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IN RE ESTATE OF FREEMAN

No. 44,084

195 Kan. 190 (1965)

404 P.2d 222

In the Matter of the Estate of D.N. Freeman, Deceased. MARGARET ELIZABETH PEROTTI and NANCY ANN HOWELL (formerly Nancy Ann Braile), Appellees, v. THE FIRST NATIONAL BANK OF TOPEKA, Executor, Appellant.

Supreme Court of Kansas.

Opinion filed July 10, 1965.

Attorney(s) appearing for the Case

Terry L. Bullock, of Topeka, argued the cause, and R.L. Hamilton and Harry W. Gantenbein, both of Beloit, Robert L. Webb, Ralph W. Oman, Philip E. Buzick, William B. McElhenny, James D. Waugh, James L. Grimes, Jr., and Donald J. Horttor, all of Topeka, were with him on the briefs for the appellant.

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

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment in an action to construe a will which held a devise in trust void as in violation of the rule against perpetuities.

The facts material to the determination of the controversy are not in dispute.

D.N. Freeman died December 21, 1959, leaving a will which he had executed November 10, 1955.

Although it may burden this opinion an attempt to construe...

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