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IN RE ESTATE OF STAHL

No. 49,670

226 Kan. 48 (1979)

596 P.2d 121

In the Matter of the Estate of Leon Stahl, Deceased. GLENN B. MEREDITH, JOHN A. MEREDITH, MILDRED STAHL, MARIAN ELY, WHEELER ELY, CHARLES ELY, ADISON VAN ELY, NELLIE NOBLE and MARGARET L. SAYRE, Appellants, v. R.L. GOODYEAR, Trustee, and CHLOE BARBER, Beneficiary of the Leon Stahl Trust, Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1979.

Attorney(s) appearing for the Case

J. Franklin Hummer, of Gray, Freidberg, Davis, and Unrein, of Topeka, argued the cause, and Charles L. Davis, Jr., Michael J. Unrein, and Lance A. Pool, of the same firm, were with him on the brief for the appellants.

Frank M. Rice, of Jones, Schroer, Rice, and Bryan, of Topeka, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This case arose as the result of a dispute between the trustee of an inter vivos trust and the settlor's administrator over the question of whether certain personal property should be included as assets of the estate of the deceased, Leon Stahl, or were properly assets of the trust created by Leon Stahl prior to his death. The facts in the case are not in dispute and are essentially as follows: On April...

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