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BELL v. BRITTAIN

Nos. 70,604 71,001

19 Kan. App. 2d 1073 (1994)

880 P.2d 289

TERRILL WALTER BELL, CHRISTOPHER MARK BELL, PATRICK JAMES BELL, and MICHAEL BRUCE BELL, Appellees, v. BYRON BRITTAIN, individually and in his capacities as succeeding trustee of the Thomas W. Howerton Revocable Trust and as executor of the estate of Thomas W. Howerton; MAURINE RUTSCHMAN; and FIRST UNITED METHODIST CHURCH, INC., NEWTON, KANSAS, a Kansas nonprofit corporation, Appellants.

Court of Appeals of Kansas.

Opinion filed September 2, 1994.

Attorney(s) appearing for the Case

Gregory C. Nye, of Newton, for appellants.

John T. Steere, Lyndon W. Vix, and Timothy P. O'Sullivan, of Fleeson. Gooing, Coulson & Kitch, L.L.C., of Wichita, for appellees.

Before ELLIOTT, P.J., BRAZIL, J., and RICHARD W. WAHL, District Judge Retired, assigned.

BRAZIL, J.:

Byron Brittain, individually and as succeeding trustee and executor of the Thomas W. Howerton revocable trust and estate; Maurine Rutschman; and First United Methodist Church, Inc., Newton, Kansas, (appellants) appeal from a decision on summary judgment by the district court finding that a joint and mutual will executed by Thomas and Ethel Howerton was contractual in nature. Appellants contend that the will was not contractual, that assets jointly owned...

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