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IN RE ESTATE OF MORTON

No. 59,675

241 Kan. 698 (1987)

740 P.2d 571

In the Matter of the Estate of NONA E. MORTON, DECEASED. MARY MOORE and RONNIE MOORE, Appellees, v. SETH MOORE, GENE MOORE, MAUDE AGNES FISHER, LULA MOORE, NONA JO NOEL, LIZZIE GORMAN, VIOLET MAE HERNDON, and CAMBRON CLIFF MOORE, Appellants.

Supreme Court of Kansas.

Opinion filed July 17, 1987.

Attorney(s) appearing for the Case

Walker A. Hendrix, of Hendrix & Clark, of Ottawa, argued the cause, and Shelly Hickman Clark, of the same firm, was with him on the briefs for appellants.

Richard O. Skoog, of Skoog & Latimer, of Ottawa, argued the cause and was on the brief for appellees.

John W. Gardner, of Watson, Ess, Marshall & Enggas, of Olathe, and William T. Smith, III, and Kathryn M. Coonrod, of the same firm, of Kansas City, Missouri, were on the brief for amicus curiae Franklin Savings Association.

Gerald L. Goodell, and Les E. Diehl, of Goodell, Stratton, Edmonds & Palmer, of Topeka, were on the brief for amicus curiae Kansas League of Savings Institutions.

The opinion of the court was delivered by

HERD, J.:

This is a suit by the residuary legatees under the will of Nona Morton to determine the ownership of certain savings accounts established by Nona Morton in the Franklin Savings Association. The appellees are the named beneficiaries of the accounts who were named to receive the proceeds upon the decedent's death. The trial court granted judgment for the named beneficiaries. The Court of Appeals reversed. See...

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