Gwinn v. Church of the Nazarene

This is an appeal by the executor from a declaratory judgment upholding the validity of the residuary clause in the will of Wellsley Gwinn (referred to herein as paragraph Fifteenth).

The executor is the son and one of the three surviving children of the decedent, who died March 21, 1963, and is referred to herein as appellant. The will has been admitted to probate and appellant’s appointment as executor thereof has been confirmed by the probate court. It is what is known in this state as a nonintervention will.

Respondent is the Church of the Nazarene, whose corporate office is in Kansas City,…