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PIZEL v. WHALEN

No. 67,652

252 Kan. 384 (1993)

845 P.2d 37

HERBERT PIZEL, et al., Appellants, v. B.E. WHALEN, Appellee.

Supreme Court of Kansas.

Opinion filed January 22, 1993.

Attorney(s) appearing for the Case

James T. Wiglesworth, of Overland Park, argued the cause, and Thomas H. Bornholdt, of Neill, Bornholdt, Terrill & Miller, of Overland Park, was with him on the brief for appellants.

Mark A. Buck, of Davis, Wright, Unrein, Hummer & McCallister, of Topeka, argued the cause, and Brenda L. Head, of the same firm, was with him on the brief for appellee B.E. Whalen.

Michael E. Francis, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, was on the brief for appellee Eugene P. Zuspann.

The opinion of the court was delivered by

McFARLAND, J.:

This is a legal malpractice action brought by the potential beneficiaries of an inter vivos trust created by Charles Pizel, now deceased, against defendant attorneys B.E. Whalen and Eugene P. Zuspann. Trial by jury was had and judgment was entered in favor of the defendant. Plaintiffs appeal therefrom.

In 1962, attorney Eugene P. Zuspann prepared an inter vivos trust for Charles Pizel, a single...

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