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IN RE ESTATE OF SOWERS

No. 48,762

1 Kan. App. 2d 675 (1977)

574 P.2d 224

In the Matter of the Estate of Clarence R. Sowers, Deceased. SOUTHWEST NATIONAL BANK, Appellee, v. JOHN W. SOWERS, Appellant.

Court of Appeals of Kansas.

Opinion filed November 23, 1977.

Attorney(s) appearing for the Case

Sidney J. Brick, of Brick & Bell, of Wichita, for the appellant.

Roetzel Jochems and Robert L. Heath, of Jochems, Sargent & Blaes, of Wichita, and Frank C. McMaster, of McMaster & Smith, of Wichita, for the appellee.

Before HARMAN, C.J., REES and SWINEHART, JJ.

HARMAN, C.J.:

This is an appeal in a probate proceeding wherein a district court ruled that a spendthrift trust had not been created and it enforced assignments which a legatee son had made of his interest in his father's estate. The issues are two-fold: (1) Was the assignee bank a proper party to appeal from the probate court's order of final settlement, and (2) was the beneficiary improperly denied a trial de novo in the district court? We answer the first...

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