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GILLESPIE v. SEYMOUR

No. 86,431.

272 Kan. 1387 (2002)

39 P.3d 61

JAMES P. GILLESPIE, as Executor of the WARREN BROWN GILLESPIE ESTATE, and for WARREN BROWN GILLESPIE, Plaintiff/Appellee, and POLLY G. TOWNSEND REVOCABLE TRUST, Plaintiff/Appellant, v. DOROTHEA WOFFORD SEYMOUR, as cotrustee of the BROWN-GILLESPIE TRUST ESTATE, et al., Defendants.

Supreme Court of Kansas.

Opinion filed February 1, 2002.

Attorney(s) appearing for the Case

Jeffery L. Carmichael, of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Wichita, argued the cause, and Jana D. Abbott, of the same firm, was with him on the brief for appellant.

Nicholas S. Daily, of Depew and Gillen, L.L.C., of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This is a post-settlement controversy, initially between two sibling plaintiffs, Warren Brown Gillespie (Warren) and Polly G. Townsend (Polly). With the death of the sibling plaintiffs in 1998, the controversy has become a battle between Warren's estate (Warren) administered by his son James Gillespie, executor, and the Polly G. Townsend Revocable Trust (Polly)....

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