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IN RE ESTATE OF EGY

No. 45,631

205 Kan. 303 (1970)

469 P.2d 319

In the Matter of the Estate of Louise A. Egy, Deceased. FLORENCE BESSMER; J.C. SUDERMAN, Executor of the Estate of Louise A. Egy, Deceased; J.C. SUDERMAN, Executor of the Estate of Charles Bessmer, Deceased; and BETHEL DEACONESS HOSPITAL ASSOCIATION, Appellees, v. THE HERTZLER RESEARCH FOUNDATION OF HALSTEAD, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed May 9, 1970.

Attorney(s) appearing for the Case

Arthur N. Turner, of Branine, Ice, Turner and Ice, of Newton, argued the cause and was on the brief for the appellant.

Arnold C. Nye, of Nye and Nye, of Newton, argued the cause and was on the brief for Florence Bessmer, appellee.

George A. Robb, of Somers and Robb, of Newton, argued the cause and was on the brief for Bethel Deaconess Hospital Association, appellee.

The firm of Speir, Stroberg and Sizemore was on the brief for J.C. Suderman, Executor of the Estate of Louise A. Egy and J.C. Suderman, Executor of the Estate of Charles Bessmer, appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an action to construe a will insofar as it concerns the disposition of income earned following the death of the testatrix.

Louise A. Egy died on July 20, 1966. Her last will and testament was admitted to probate and the estate is now under administration.

The will contains the usual introductory clause relating to payment of debts and expenses...

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