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TRUSTEES OF ENDOWMENT FUND, HOFFMAN MEM. HOSP. v. KRING

No. 49,742

225 Kan. 499 (1979)

592 P.2d 438

KENNETH J. NELSON and HOMER SHARPE, Trustees of the Endowment Fund of the Hoffman Memorial Hospital Association of Little River, Kansas, A Corporation, Appellees, v. MARY KRING, LOIS GARDENER, DOROTHY BEHRENS, EDWARD G. GIRARD and KENNETH GIRARD, Appellants, and CHARLES M. WILSON, Chairman, Board of Control, the Hoffman Memorial Hospital Association of Little River, Kansas, A Corporation, Appellee, v. HOSPITAL DISTRICT No. 2, RICE COUNTY, KANSAS, A Municipal Corporation, Intervenor-Appellee.

Supreme Court of Kansas.

Opinion filed March 31, 1979.

Attorney(s) appearing for the Case

John A. Robinson, of Rauh, Thorne, Robinson & Childs, of Hutchinson, argued the cause and was on the brief for the appellants.

Arthur C. Hodgson, of Hodgson & Kahler, of Lyons, argued the cause and was on the brief for the appellees Nelson and Sharpe, Trustees.

Firman G. Gladow, of Lyons, argued the cause and was on the brief for appellee Charles M. Wilson and intervenor-appellee Hospital District No. 2, Rice County, Kansas.

The opinion of the court was delivered by

FROMME, J.:

George M. Hoffman was a patron of the city of Little River, Kansas. He died in 1931. One of his benefactions was a testamentary trust for the benefit and maintenance of the George M. Hoffman Memorial Hospital in Little River. The hospital building had been constructed by Hoffman in 1916 before his death. By 1972 the building could no longer be licensed as a hospital and the Hoffman Memorial Hospital ceased...

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