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MULLER, JR. v. BANK OF AMERICA

No. 84,434.

28 Kan. App.2d 136 (2000)

12 P.3d 899

SAMUEL B. MULLER, JR., as attorney in fact for CORDELIA E. MULLER, Appellant, v. BANK OF AMERICA, N.A., f/k/a NATIONSBANK, N.A., Appellee.

Court of Appeals of Kansas.

Opinion filed November 3, 2000.

Attorney(s) appearing for the Case

Richard D. Loffswold, Jr., of Girard, for appellant.

Kevin F. Mitchelson, Jimmy E. Allen, Jr., and Jason P. Wiske, of Wheeler & Mitchelson, Chartered, of Pittsburg, for appellee.

Before GERNON, P.J., MARQUARDT, J., and ROBERT J. SCHMISSEUR, District Judge, assigned.

MARQUARDT, J.:

Samuel B. Muller, Jr., filed suit against Bank of America N.A., f/k/a NationsBank, N.A., f/k/a Bank IV, Kansas, N.A., seeking a declaratory judgment to allow him to withdraw all assets from his mother's revocable inter vivos trust. He appeals the trial court's grant of summary judgment in favor of NationsBank. We affirm.

The facts are not in dispute. In March 1986, Cordelia E. Muller executed a general durable power of attorney designating her...

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