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IN RE ESTATE OF SUTCLIFFE

No. 44,827

199 Kan. 686 (1967)

433 P.2d 389

In the Matter of the Trust Estate of Joe H. Sutcliffe. JOSEPH G. LEWIS and CLARK M. FLEMING, Appellees, v. DALE DEAN SUTCLIFFE, DONALD LLOYD SUTCLIFFE, RONALD FLOYD SUTCLIFFE and TERRY JOE SUTCLIFFE, Appellees, and VELMA SUTCLIFFE, Appellant.

Supreme Court of Kansas.

Opinion filed November 13, 1967.

Attorney(s) appearing for the Case

William L. Rees, of Topeka, argued the cause and Jack A. Quinlan, of Topeka, was with him on the brief for the appellant.

Charles Forsyth, of Erie, argued the cause and was on the brief for appellees Joseph G. Lewis and Clark M. Fleming, Trustees.

Joe F. Balch, of Chanute, was on the brief for Dale Dean Sutcliffe, Donald Lloyd Sutcliffe, Ronald Floyd Sutcliffe and Terry Joe Sutcliffe, Appellees.

The opinion of the court was delivered by

FROMME, J.:

This appeal requires construction of an express trust and, more specifically, of provisions relating to final disposition of the trust property. The trust was established for the purpose of carrying out the terms of a property settlement agreement entered into between Joe H. Sutcliffe and Velma E. Sutcliffe, his wife.

The following facts were developed...

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