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JENNINGS v. JENNINGS

No. 46,771

211 Kan. 515 (1973)

507 P.2d 241

JOHN P. JENNINGS, LUCILE JENNINGS GILLE, and LAURA JENNINGS HOUSEWORTH, Individually and as Trustees, and LUCILE POLLOCK JENNINGS, Appellees, v. MAE N. JENNINGS, Appellant, and THE NATIONAL INVESTMENT COMPANY, INC., Defendant.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

J.D. Lysaught, of Weeks, Thomas, Lysaught, Bingham & Johnston, Chartered, of Kansas City, argued the cause, and David K. Fromme, of the same firm, was with him on the brief for the appellant.

John F. Steineger, of Steineger & Reid, of Kansas City, and Howard A. Crawford, of Lathrop, Koontz, Righter, Clagett, Parker & Norquist, of Kansas City, Missouri, argued the cause, and William K. Waugh, III, of Lathrop, Koontz, Righter, Clagett, Parker & Norquist, of Kansas City, Missouri, was with them on the brief for the appellees.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal from summary judgment in favor of plaintiffs. The trial court found an agreement dated July 7, 1943, created a valid and enforceable trust on all the issued and outstanding stock of the National Investment Company and required the defendant, Mae N. Jennings, to transfer and deliver to to the plaintiffs, John P. Jennings, Lucille Jennings Gille, and Laura Jennings Houseworth, as trustees...

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