Estate of Ingram v. Ingalls

Time does not permit an extended discussion of my dissatisfaction with the holding in this case. It is my view that the trust disposition in this case is testamentary and is invalid as violative of the statute of wills. I would overrule the questionable holding of this court in In re Estate of Morrison, 189 Kan. 704, 371 P. 2d 171, and hold the trust attempted by Pearl *230Ingram invalid. The majority reaches the same result by holding the trust valid but determining the trust was revoked on the death of the son.

The uncertainty which occurs in rules of law regarding trusts arises in the cases…