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SALVATION ARMY v. ESTATE OF PRYOR

No. 48,463

1 Kan. App. 2d 592 (1977)

570 P.2d 1380

THE SALVATION ARMY OF WICHITA, KANSAS, Appellee, v. The Estate of Agnes M. Pryor, Deceased, GLADYS DuBOIS CAPLINGER and FAYE DuBOIS DeVORSS, CO-EXECUTRICES, Appellants.

Court of Appeals of Kansas.

Opinion filed September 2, 1977.

Attorney(s) appearing for the Case

John P. Sheahon and Harold H. Chase, of Salina, for the appellants.

Kenneth F. Ehling and Robert E. Upp, of Hutchinson, for the appellee.

Before SPENCER, P.J., ABBOTT and SWINEHART, JJ.

ABBOTT, J.:

This is an appeal by the co-executrices of the estate of Agnes M. Pryor, deceased, from a district court order allowing a claim of The Salvation Army of Wichita, Kansas, in the sum of $12,143.55 by imposing a constructive trust on the assets of the estate. The assets upon which the trust was imposed were acquired by Agnes M. Pryor during her lifetime by inheritance from the estate of her sister, Gussie McClure, in violation of a joint, mutual and contractual...

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