Newport v. Nelson

*246The opinion of the court was delivered by

Wedell, J.:

This action involved the appointment of trustees named in a will.

The probate court, and the district court on appeal, refused to appoint the trustees designated, and'one of'such trustees, Frances T. (Kerrigan) Newport, has appealed.

John F. Kerrigan, the testator, moved from Hiawatha, Brown county, Kansas, to Tulsa, Olda., in 1908. He engaged in the practice of law at Tulsa and amassed a substantial estate. He remained at Tulsa until October, 1943, when by reason of his ill health he and his wife returned to reside at Hiawatha. He died there…