Trustees of Baker University v. Trustees of the Endowment Ass'n

The opinion of the court was delivered by

Kaul, J.:

This litigation stems from probate proceedings in the estate of Esme Cellars, deceased, in the probate court of Labette County. The issue presented is whether a gift made by the deceased in her lifetime to appellees took the place of and adeemed by satisfaction a bequest to appellees contained in the Last Will and Testament of deceased.

For convenience the appellants will sometimes be referred to as Baker and the appellees as Pittsburg.

Esme Cellars and her brother, S. R. Cellars, neither of whom was married, lived together for many years at…