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JENNINGS v. SPEAKER, EXECUTRIX

No. 48,715

1 Kan. App. 2d 610 (1977)

571 P.2d 358

JOHN P. JENNINGS, LUCILE JENNINGS GILLE, and LAURA JENNINGS HOUSEWORTH, Appellants and Cross-Appellees, v. VIRGINIA SPEAKER, Executrix, Appellee and Cross-Appellant.

Court of Appeals of Kansas.

Opinion filed September 9, 1977.

Attorney(s) appearing for the Case

John F. Steineger, of Steineger, Holbrook, Parks & Fritz, of Kansas City, Kansas, and William K. Waugh, III, of Lathrop, Koontz, Righter, Clagett, Parker & Norquist, of Kansas City, Missouri, for the appellants and cross-appellees.

J. Donald Lysaught, of Weeks, Thomas, Lysaught, Bingham & Mustain, Chartered, of Overland Park, for the appellee and cross-appellant.

Before HARMAN, C.J., FOTH and SPENCER, JJ.

FOTH, J.:

This is a dispute between the income beneficiary and the remaindermen under an express inter vivos trust over the right to earnings of a holding company owned by the trust. The trial court held, in essence, that the income beneficiary was entitled to all the corporate earnings whether paid out as dividends or not. The remaindermen have appealed from that and certain collateral rulings; the life tenant (represented by her executrix) cross-appeals from...

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