JENNINGS v. MURDOCK

No. 47,888

220 Kan. 182 (1976)

553 P.2d 846

JANET M. JENNINGS, DAVID COLWELL, VICI COLWELL McCOMB and PAULA MURDOCK, Appellants and Cross-Appellees, v. MARSH M. MURDOCK (Resigned as Trustee on October 19, 1971), and THE FIRST NATIONAL BANK IN WICHITA, Appellee and Cross-Appellant, and VICTORIA M. BLOOM, Appellee. As consolidated with in the Matter of the Estate of Marcellus M. Murdock, Deceased.

Supreme Court of Kansas.

Opinion filed July 16, 1976.


Attorney(s) appearing for the Case

Paul R. Kitch, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Thomas D. Kitch, of the same firm, and Verne M. Laing, of Morris, Laing, Evans, Brock and Kennedy, Chartered, of Wichita, were with him on the brief for the appellants and cross-appellees.

Charles W. Harris, of Curfman, Brainerd, Harris, Bell, Weigand and Depew, of Wichita, argued the cause, and Lawrence E. Curfman, of the same firm, and Sidney J. Brick, of Wichita, were with him on the brief for the appellee and cross-appellant.

Ronald K. Badger, of Wichita, argued the cause and was on the brief for the appellee, Victoria M. Bloom.


The opinion of the court was delivered by

FOTH, C.:

This is an action by beneficiaries of spendthrift trusts to compel their trustee to do their bidding in the management of the trust assets. Specifically, the plaintiff beneficiaries sought orders in the probate court and in the district court requiring the defendant bank as testamentary and inter vivos trustee, to vote corporate stock held in the respective trusts in accordance

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