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JOHNSON v. JOHNSON

No. 53,372

7 Kan. App. 2d 538 (1982)

645 P.2d 911

CYLUS A. JOHNSON, et al., Appellants, v. ELSIE G. JOHNSON, Executrix, et al., and In The Matter of The Estate of Albert R. Johnson, deceased, Appellees.

Court of Appeals of Kansas.

Petition for review denied June 28, 1982.

Attorney(s) appearing for the Case

Philip Shaffer, of Salina, for the appellants.

C. Stanley Nelson, of Hampton, Royce, Engleman & Nelson, of Salina, for the appellees.

Before FOTH, C.J., presiding, TERRY L. BULLOCK, District Judge, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.

WOLESLAGEL, J.:

Cylus and Shirley Johnson (plaintiffs-appellants) are husband and wife. They appeal from a denial of their motion for summary judgment and a grant of summary judgment to defendants. Plaintiffs claimed Albert R. Johnson, father of Cylus and two other sons, Adley E., and Don A., breached an agreement to treat Cylus equally with his brothers by executing a supplement to an existing trust instrument. The...

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