IN RE ESTATE OF GARDINER

No. 85,030.

29 Kan. App.2d 92 (2001)

22 P.3d 1086

IN THE MATTER OF THE ESTATE OF MARSHALL G. GARDINER, Deceased.

Court of Appeals of Kansas.

Opinion filed May 11, 2001.


Attorney(s) appearing for the Case

Sanford P. Krigel and Karen S. Rosenberg, of Krigel & Krigel, P.C., of Kansas City, Missouri, for appellant J'Noel Gardiner.

William M. Modrcin and David G. Watkins, of Morrison & Hecker L.L.P., of Kansas City, Missouri, and John F. Thompson, of Davis, Beall, McGuire & Thompson, of Leavenworth, for appellee Joseph M. Gardiner, III.

Lisa Nathanson, of American Civil Liberties Union of Kansas and Western Missouri, of Kansas City, Missouri, for amicus curiae ACLU of Kansas and Western Missouri, and Doni Gewirtzman, Ruth E. Harlow, Beatrice Dohrn, and Evan Wolfson, of Lambda Legal Defense and Education Fund, Inc., of New York, New York, and Pamela Sumners, of American Civil Liberties Union of Illinois, of Chicago, Illinois, for amicus curiae Gender Public Advocacy Coalition.

Aronda Strutt Kerns, of Wichita, and Patrick T. Gillen, of Thomas More Center for Law & Justice, of Ann Arbor, Michigan, for amicus curiae Thomas More Center for Law & Justice.

Before GERNON, P.J., KNUDSON and BEIER, JJ.


GERNON, J.:

This is an appeal from an order issued by the district court granting summary judgment to Joseph M. Gardiner, III, (Joe) finding the marriage between Joe's father, Marshall G. Gardiner, and J'Noel Gardiner to be void under Kansas law and denying partial summary judgment to J'Noel. We reverse and remand with instructions.

We note that this is the type of case in which the courts are required not only to weigh the legal issues but also to weigh the...

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