In Re Estate of Freshour

The opinion of the court was delivered by

Schroeder, J.:

In this action the heirs of a testator challenge the validity of the trust provisions in the testator’s will.

The question presented is whether certain devises and bequests in the testator’s will establish charitable trusts or private trusts.

The decedent, Stanton E. Freshour, died testate on the 23rd day of April, 1953,' at Hays, Kansas, and was survived by his two children. He was a resident of Ellis County, Kansas, and at the time of his death owned considerable real estate in Ellis County. His last will and testament was dated' February…