GILLESPIE v. SEYMOUR

No. 66,072

250 Kan. 123 (1991)

823 P.2d 782

WARREN BROWN GILLESPIE and POLLY GILLESPIE TOWNSEND, Plaintiffs/Appellees/Cross-Appellants, v. DOROTHEA WOFFORD SEYMOUR, as Co-Trustee of the BROWN-GILLESPIE TRUST ESTATE; RUTH BASSETT; ROBERT W. BURDGE; and GRANT-THORNTON, an accounting partnership, Defendants, and DOROTHEA WOFFORD SEYMOUR, individually; PAUL A. SEYMOUR, JR.; PAUL SEYMOUR, III; ARROWHEAD PETROLEUM, INC., and BIG SPRINGS DRILLING, INC., Defendants/Appellants/Cross-Appellees, and DOROTHEA WOFFORD SEYMOUR, as Co-Trustee of the BROWN GILLESPIE TRUST ESTATE; and DOROTHEA WOFFORD SEYMOUR, Individually, Defendants/Third-party Plaintiffs, v. JAMES PAUL GILLESPIE, Executor of the Estate of PAULINE BROWN GILLESPIE, Deceased, Third-party/Defendant. In the Matter of the Estate of PAULINE BROWN GILLESPIE, Deceased.

Supreme Court of Kansas.

Opinion filed December 17, 1991.


Attorney(s) appearing for the Case

Jerry D. Bogle, of Young, Bogle, McCausland, Wells & Clark, P.A., of Wichita, argued the cause, and Glenn D. Young, Jr., and Patrick C. Blanchard, of the same firm, were with him on the briefs for appellees/cross-appellants.

Robert Martin, of Martin, Pringle, Oliver, Wallace & Swartz, of Wichita, argued the cause, and Terry L. Mann, of the same firm, was with him on the briefs for appellants/cross-appellees.

Ron Campbell, of Fleeson, Gooing, Coulson & Kitch, of Wichita, and George T. Bogert, Stanley J. Parzen, and Michele Odorizzi, of Mayer, Brown & Platt, of Chicago, Illinois, were on the brief for amici curiae Grant-Thornton and Robert W. Burdge.


The opinion of the court was delivered by

McFARLAND, J.:

This is an action by beneficiaries of a trust for recovery of damages for oil and gas investments made by the Trust.

The case before us was determined in a bench trial and involves a very complex factual situation as witnessed by the trial court's entry of over 200 findings of fact. A highly summarized statement of the facts is as follows. Warren Brown was a wealthy Wichita businessman. In 1956...

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