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BURCH v. DODGE

No. 50,548

4 Kan. App. 2d 503 (1980)

608 P.2d 1032

YVONNE E. BURCH, et al., Appellants, v. C.B. DODGE, JR., A. GLENN SOWDERS, JR., and MIDDLETON S. CARROLL, as Trustees of the Howard M. Burch Trust No. 1, Appellees, v. MARY CAROLYN DREHER, et al., Interpleaded Claimants.

Court of Appeals of Kansas.

Opinion filed March 28, 1980.

Attorney(s) appearing for the Case

J. Eugene Balloun, of Payne & Jones, Chartered, of Olathe, for appellants.

G. Peter Bunn, III, of Soden, Eisenbrandt, Isenhour & Gates, of Mission, for appellees.

Before FOTH, C.J., ABBOTT and MEYER, JJ.

ABBOTT, J.:

This is an appeal by Yvonne E. Burch from an order surcharging A. Glenn Sowders, Jr., as trustee, the amount of $8,207.19 and granting to Sowders a trustee fee in the amount of $5,000.

The surcharge arises out of Sowders' admitted failure to invest trust assets that came into his possession as a trustee of the Howard M. Burch Trust No. 1. Sowders suggested to the court that a surcharge of 5 percent simple interest on $50,000 from November 24, 1974...

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