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GARRETT v. READ

No. 90,570.

278 Kan. 662 (2004)

102 P.3d 436

ELIZABETH GARRETT, CALVIN HUMBLE, PATRICIA L. HUMBLE, and DALE HUMBLE, Plaintiffs/Appellees, and CHRISTIE CAMBERS, F/K/A CHRISTIE K. PUFFINBARGER, GREGORY A. PUFFINBARGER, and MELANIE CRUMBY, F/K/A MELANIE PUFFINBARGER, Third-Party Plaintiffs/Appellants, v. DELORIS J. READ and DOROTHY BROOKHOUSER, Defendants/Appellants.

Supreme Court of Kansas.

Opinion filed December 17, 2004.

Attorney(s) appearing for the Case

Jason P. Wiske, of Law Office of Jason P. Wiske, L.L.C., of Pittsburg, argued the cause, and Patrick C. Smith, of Loy Law Firm, L.L.C., of Pittsburg, was with him on the briefs for the third-party plaintiffs/appellants.

J. Gordon Gregory, of Wilbert & Towner, of Pittsburg, argued the cause and was on the briefs for the defendants/appellants.

Richard D. Loffswald, Jr., of Girard, argued the cause and was on the brief for the plaintiffs/appellees.

The opinion of the court was delivered by

BEIER, J.:

This dispute over the wills of the parents in a blended family requires us to decide whether the district court erred in (1) admitting a scrivener attorney's testimony about a contemporaneous oral agreement between the parents; (2) holding that the wills were contractual, rendering a later will executed by the surviving parent ineffective; and (3) imposing a constructive trust on the estate property or proceeds...

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