Kirby v. Western Surety Co.

RUDOLPH, Judge.

By the terms of the last will of Joe Kirby, deceased, the Western Surety Company was named trustee of certain property owned by the deceased at the time he died. This proceeding was instituted by the trustee, Western Surety Company, and seeks the judgment of the court determining its obligations, duties, and rights as trustee. Joe Kirby died in 1926 and left surviving him his widow, Ella Kirby, and the following children: Patrick F. Kirby, Joe H. Kirby, Tom Kirby, Dan Y. Kirby and Alice Kirby Brown. The deceased left a large estate, all of which was disposed of under his will,…