MURDOCK v. FIRST NATIONAL BANK

Nos. 48,058 and 48,067 Consolidated

220 Kan. 459 (1976)

553 P.2d 876

In the Matter of the Estate of Marcellus M. Murdock, Deceased PAULA MURDOCK, JANET M. JENNINGS, DAVID COLWELL and VICI COLWELL McCOMB, Appellants, v. THE FIRST NATIONAL BANK IN WICHITA, Executor and Trustee, Appellee.

Supreme Court of Kansas.

Opinion filed July 23, 1976.


Attorney(s) appearing for the Case

Paul R. Kitch, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Wayne Coulson, and Thomas D. Kitch, of the same firm, were with him on the briefs for appellants Paula Murdock, Janet M. Jennings, David Colwell and Vici Colwell McComb.

Verne M. Laing, of Morris, Laing, Evans, Brock and Kennedy, Chartered, of Wichita, was on the briefs for appellant Paula Murdock.

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


The opinion of the court was delivered by

FOTH, C.:

These two consolidated appeals concern an executor's right to petition the probate court for instructions as to its duties, and its right to rely on those instructions when given. The underlying question is whether an executor who is authorized by the probate court to bring suit on a claim alleged to be due the estate can later be denied an allowance for the reasonable expenses of conducting such litigation...

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