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ESTATE OF DRAPER v. BANK OF AMERICA, N.A.

No. 96,060.

164 P.3d 827 (2007)

ESTATE of Ethel F. DRAPER, deceased, Appellee, v. BANK OF AMERICA, N.A., as Trustee of the Ethel F. Draper Irrevocable Voluntary Trust Agreement Dated April 8, 1982, Appellee/cross-appellee, First Christian Church of Olathe, Kansas, Appellant, Janis M. Waleski Murphy and Mary H. Moeller, Appellees/Cross-appellants, UMB Bank, N.A., American Cancer Society Heartland Div., Olathe Medical Ctr., Appellees.

Court of Appeals of Kansas.

July 27, 2007.

Attorney(s) appearing for the Case

Kurt S. Brack, of Holbrook & Osborn, P.A., of Overland Park, for appellant First Christian Church of Olathe, Kansas.

Michael R. Ong and Michelle M. Krambeck Burge, of Law Office of Michael Ong, P.A., of Leawood, for appellees/cross-appellants Janis M. Waleski Murphy and Mary Helen Moeller.

Barry D. Martin, of Speer & Holliday, LLP, of Olathe, for appellee Estate of Ethel F. Draper.

Before MALONE, P.J., GREEN and MARQUARDT, JJ.

MARQUARDT, J.

First Christian Church of Olathe, Kansas (First Christian), Janis M. Waleski Murphy, and Mary Helen Moeller appeal the trial court's grant of summary judgment to the Estate of Ethel F. Draper (Estate). We reverse.

In April 1967, Clark Draper and Ethel Catlin executed an antenuptial agreement in contemplation of their marriage. Clark had three children from an earlier marriage; Ethel had no children. The antenuptial agreement stated that both...

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