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McCLARY v. HARBAUGH

No. 53,823

231 Kan. 564 (1982)

646 P.2d 498

In the Matter of the Trust Estate of Mayme Harbaugh, Deceased PAULINE KATHRYN McCLARY, Appellee, v. PETE HAROLD HARBAUGH, Trustee-Appellant.

Supreme Court of Kansas.

Opinion filed June 11, 1982.

Attorney(s) appearing for the Case

Phillip S. Frick, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause and J. Raymond Eggleston, of Medicine Lodge, was with him on the brief for the trustee-appellant.

W. Luke Chapin, of Chapin, Penny & Goering, of Medicine Lodge, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal from an order terminating a testamentary trust. Mayme Harbaugh died July 19, 1977, survived by her three children: Pauline McClary, age 64, Louise Kirkbride, age 62, and Pete Harbaugh, age 60. Her last will and testament, dated October 24, 1969, was admitted to probate, and Pete, who was named executor in the will, was duly appointed and the estate was probated and closed.

Mayme...

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