TRUAX v. SOUTHWESTERN COLLEGE

No. 47,329

214 Kan. 873 (1974)

522 P.2d 412

GALEN TRUAX and CHARLES STUTZMAN, Co-executors of the Will of LENA H. HOGAN, Appellees, v. SOUTHWESTERN COLLEGE, Oklahoma City, Okla.; PENTECOSTAL HOLINESS CHURCH, Dodge City, Kan.; KANSAS CONFERENCE OF THE PENTECOSTAL HOLINESS CHURCH, Appellants, and FIRST FEDERAL SAVINGS & LOAN ASSN., Dodge City, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1974.


Attorney(s) appearing for the Case

Robert M. Baker, of Ashland, was on the brief for the appellants.

Jay Don Reynolds, of Cimarron, argued the cause and was on the brief for the appellees Galen Truax and Charles Stutzman.

No appearance for appellee First Federal Savings & Loan Association.


The opinion of the court was delivered by

HARMAN, C.:

This is a suit by the executors of the estate of Lena H. Hogan, deceased, to determine the ownership of four savings accounts created by the decedent in her lifetime. Defendants in the case are the savings and loan association (whose role in the action is that of stakeholder only) and church or church-related institutions, each of which claims the proceeds of an account by reason of having been named as...

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