IN RE ESTATE OF SOMERS

Nos. 90,005, 90,566

277 Kan. 761 (2004)

89 P.3d 898

IN THE MATTER OF THE ESTATE OF EULA M. SOMERS, DECEASED. SHRINERS HOSPITALS FOR CHILDREN, a Colorado Corporation, SUSAN A. SMILEY, and KENT C. SOMERS, Appellees/Cross-appellants, v. FIRSTAR BANK, N.A., TRUSTEE OF THE EULA MARGARET SOMERS TESTAMENTARY TRUST, Appellant/Cross-appellee.

Supreme Court of Kansas

Opinion filed May 14, 2004.


Attorney(s) appearing for the Case

Donald C. Ramsay, of Stinson Morrison Hecker LLP, of Overland Park, argued the cause, and Neil R. Shortlidge, of the same firm, was with him on the briefs for appellant/cross-appellee.

James R. Mueller, of Slagle, Bernard & Gorman, of Kansas City, Missouri, argued the cause, and Robert A. Stopperan, of the same firm, was with him on the brief for appellees/cross appellants Susan A. Smiley and Kent C. Somers.

James W. Benjamin, of Benjamin & Loss, P.C., of Kansas City, Missouri, argued the cause, and John M. Brigg, of the same firm, was with him on the brief for appellee/cross-appellant Shriners Hospitals for Children.


The opinion of the court was delivered by

GERNON, J.

This appeal requires us to determine whether the trial court ruled properly when it partially distributed funds from a spendthrift trust at the request of each of the beneficiaries. The beneficiaries acted in concert, and none were or are under any incapacity.

FACTS

Eula M. Somers died in 1956. She left a testamentary trust (Trust) for her grandchildren, Susan Somers (now Smiley), then...

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