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IN RE HJERSTED REVOCABLE TRUST

No. 94,072.

35 Kan.App. 2d 799 (2006)

In the Matter of the NORMAN B. HJERSTED Revocable Trust.

Court of Appeals of Kansas.

Opinion filed June 2, 2006.

Attorney(s) appearing for the Case

Michael R. Ong and Michelle M. Burge, of Law Office of Michael Ong, P.A., of Leawood, for appellant.

Byron E. Springer, William N. Fleming, and Terrence J. Campbell, of Barber Emerson, L.C., of Lawrence, for appellee.

Before RULON, C.J., ELLIOTT and GREENE, JJ.

GREENE, J.

Maryam Hjersted, surviving spouse of Norman B. Hjersted, appeals the district court's finding of ambiguity and resulting construction of a provision in Norman's trust agreement that revoked all gifts and transfers to her and her son Timothy based upon her invocation of elective share rights under Kansas statutory law. She also argues that if the provision is to be construed as it was by the district court, the executor should be estopped from enforcing...

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