QUINLAN v. LEECH

No. 51,415

5 Kan. App. 2d 706 (1981)

623 P.2d 1365

THERESA ANN QUINLAN, now THERESA ANN VOGT, Individually and as Administrator of the Estate of E. John Quinlan, Deceased, Appellant, v. WILLIAM C. LEECH and MERCHANTS MUTUAL BONDING COMPANY, Appellees.

Court of Appeals of Kansas.

Opinion filed February 27, 1981.


Attorney(s) appearing for the Case

Cary L. Standiferd, of Topeka, for the appellant.

James L. Grimes, Jr., of Cosgrove, Webb & Oman, of Topeka, for the appellees.

Before MEYER, P.J., ABBOTT and SWINEHART, JJ.


SWINEHART, J.:

This is an appeal from a decision of the District Court of Shawnee County dismissing an action brought against the executor of the estate of J.E. Quinlan, deceased, for breach of fiduciary duty.

The sole issue on appeal is whether the trial court properly dismissed the claim against the defendant William Leech in his capacity as executor of the estate of J.E. Quinlan, deceased, on the ground that it lacked, or alternatively refused to accept...

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