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LOSTUTTER v. ESTATE OF LARKIN

No. 55,697

235 Kan. 154 (1984)

679 P.2d 181

JOHN M. LOSTUTTER and ROBERT K. LOSTUTTER, SR., Appellants, v. THE ESTATE OF WILLIAM A. LARKIN a/k/a W.A. LARKIN, and THE EMPORIA STATE BANK & TRUST CO., AS TRUSTEE OF THE W.A. LARKIN REVOCABLE TRUST dated September 12, 1968, including all amendments thereto, Appellees.

Supreme Court of Kansas.

Opinion filed March 24, 1984.

Attorney(s) appearing for the Case

John M. Lostutter, of Kansas City, argued the cause pro se and was on the briefs for appellants.

Richard C. Hite, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause and was on the brief for appellee Emporia State Bank & Trust Company, Trustee of the W.A. Larkin Revocable Trust.

J. Stan Sexton, of Hampton, Royce, Engleman & Nelson, of Salina, argued the cause and was on the brief for appellee Emporia State Bank & Trust Company, Executor of the Estate of W.A. Larkin, deceased.

The opinion of the court was delivered by

HERD, J.:

This is a consolidated action by John M. Lostutter and Robert K. Lostutter, Sr., to enforce the provisions of an oral contract against the Estate of William A. Larkin, deceased, and the W.A. Larkin Revocable Trust. This appeal is from judgment for the estate. We affirm.

William Larkin lived a successful life in Emporia, having overcome the early loss of his parents. At his death, he left a combined...

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