Jennings v. Speaker

Foth, J.:

This is a dispute between the income beneficiary and the remaindermen under an express inter vivos trust over the right to earnings of a holding company owned by the trust. The trial court held, in essence, that the income beneficiary was entitled to all the corporate earnings whether paid out as dividends or not. The remaindermen have appealed from that and certain collateral rulings; the life tenant (represented by her executrix) cross-appeals from the denial of attorney fees.

This case is a sequel to Jennings v. Jennings, 211 Kan. 515, 507 P.2d 241, decided March 3, 1973. There the…