Christ v. Fischer

The opinion of the court was delivered by

Marshall, J.:

In this action, an instrument in writing admitted to probate as the last will and testament of Anthony Fischer was set aside and held for naught. One of the defendants, the Banking Trust Company, had been appointed by the probate court administrator with the will annexed and held all of the assets of the estate of Anthony Fischer.

In April, 1921, the bank commissioner of Kansas found the Banking Trust Company in an insolvent condition, and upon the written request of creditors holding and owning a majority of the claims against the company,…