Perotti v. First National Bank

The opinion of the court was delivered by

Hatcher, C.:

This appeal involves a dispute between the executor, which is also trustee under the will, and the heirs at law, over the disposition made of a petition designated “Petition for Construction of Will.”

The facts and history of the proceedings material to the determination of the controversy may be stated as follows:

*504D. N. Freeman, a resident of Beloit, Kansas, died December 21, 1959. He left a will which was admitted to probate in Mitchell County, Kansas, designating the First National Bank of Topeka as executor. The executor was appointed and…