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IN RE ESTATE OF KOCH

No. 67,713

18 Kan. App. 2d 188 (1993)

849 P.2d 977

IN THE MATTER OF THE ESTATE OF MARY R. KOCH, Deceased.

Court of Appeals of Kansas.

Opinion filed April 2, 1993.

Attorney(s) appearing for the Case

Monte Vines and Clifford L. Malone, of Adams, Jones, Robinson, and Malone, Chartered, of Wichita, for appellants Frederick Koch and William Koch.

Richard C. Hite and Linda S. Parks, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, for appellee Robert L. Howard.

James M. Armstrong and Carol A. Beier, of Foulston, Seifkin, of Wichita, for appellee Charles G. Koch, executor.

Before LARSON, P.J., LEWIS, J., and BARRY A. BENNINGTON, District Judge, assigned.

Petition for review denied 253 Kan. 858 (1993).

LARSON, J.:

This is a will contest in which the contestants claim an anti-litigation clause is void and unenforceable.

Frederick Koch and William Koch contend this provision in their mother's will is void under K.S.A. 59-605; void as contrary to public policy; and, because the scrivener of the will was in a conflict of interest position, void as a product of undue influence and constructive fraud. Contestants...

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