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McCABE v. DURAN

No. 97,488.

180 P.3d 1098 (2008)

Patricia McCABE, as Trustee of the Gladys E. Harris Trust, Dated September 7, 1995, Appellee, v. Delphine M. DURAN, as Executrix of the Estate of Rhea L. Bess Littrell, Deceased, Appellant.

Court of Appeals of Kansas.

April 18, 2008.

Attorney(s) appearing for the Case

Trish Rose, of Forker, Suter & Rose, of Hutchinson, for appellant.

Russel B. Prophet, Hampton & Royce, L.C., of Salina, for appellee.

Before McANANY, P.J., ELLIOTT and LEBEN, JJ.

LEBEN, J.

Rhea Bess-Littrell served as the trustee for the Gladys E. Harris Trust for several years before Bess-Littrell's death in 2004. After her death, the successor trustee, Patricia McCabe, brought suit against Bess-Littrell's estate claiming self-dealing and mishandling of trustee obligations. A jury agreed and found that Bess-Littrell had misappropriated $20,566. After the jury verdict, McCabe asked the district court to grant double damages under K.S.A. 58a...

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