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HILE v. DeVRIES

No. 67,031

17 Kan. App. 2d 373 (1992)

836 P.2d 1219

JUDITH M. HILE, AS NATURAL GUARDIAN AND NEXT FRIEND OF CATHERINE DeVRIES AND MARY ELIZABETH DeVRIES, Appellee/Cross-Appellant, v. BRIDGET C. DeVRIES, Appellant/Cross-Appellee.

Court of Appeals of Kansas.

Opinion filed August 28, 1992.

Attorney(s) appearing for the Case

Mark J. Sachse, of Callen, Sexton, Shelor & Sachse, of Kansas City, for appellant/cross-appellee.

Steve A. Leben, of Overland Park, for appellee/cross-appellant.

Before ELLIOTT, P.J., LARSON, J., and DANIEL L. BREWSTER, District Judge, assigned.

ELLIOTT, J.:

Bridget DeVries appeals the district court's award of a portion of the proceeds of her deceased husband's life insurance to his daughters by a former marriage, arguing a constructive trust cannot be imposed absent fraud.

We affirm.

The district court granted summary judgment on stipulated facts:

Larry DeVries was married to Judith DeVries (now Judith Hile); the couple had two daughters — Catherine and Mary Elizabeth.

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