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IN RE ESTATE OF ANDERSON

No. 45,543

203 Kan. 900 (1969)

457 P.2d 67

In the Matter of the Trust Estate of August Anderson, Deceased. M. BARBARA ANDERSON, Mother and Sole Heir of Norman August Anderson, Deceased, and Administratrix of the Estate of Norman August Anderson, Deceased, Appellant, v. McPHERSON & CITIZENS STATE BANK, Trustee; LILLIAN CHINDBERG, MARION ANDERSON, ELVERA M. BIGGS, ELMER C. EKHOLM and LELAND EKHOLM, Residuary Beneficiaries, Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1969.

Attorney(s) appearing for the Case

Dick R. Jones, of McPherson, argued the cause and John K. Bremyer, of McPherson, was with him on the brief for the appellant.

H.W. Hopp, of McPherson, argued the cause, and George R. Lehmberg and Robert W. Wise, both of McPherson, were with him on the brief for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This was an action by the trustee under a will to have the instrument construed because of conflicting claims of various parties.

August Anderson died February 3, 1941, leaving a last will and testament dated February 23, 1939. There were certain codicils which need not be considered. The will was duly admitted to probate March 6, 1941, by the probate court of McPherson County, Kansas.

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