In Re the Estate of Burmeister

The opinion of the court was delivered by

McFarland, J.:

This is an appeal from the decision of the district court holding that certain disclaimers to a will were invalid, void, and of no force and effect. The appellant is the Fourth National Bank & Trust Company of Wichita, trustee of two trusts under the will. The appellee is Ronald C. Myers, the court appointed trustee for the unborn lawful issue of the individuals attempting to disclaim under the will.

The case is before us on an agreed statement of facts which is summarized as follows:

Roy F. Burmeister died testate on February 1, 1977, and…