1. Home
  2. Browse Decisions
  3. P.3d
  4. 205 P.3d
  5. 205 P.3d 698 (2009)
 

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

No. 96,060.

205 P.3d 698 (2009)

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., and Olathe Medical CTR, Appellees.

Supreme Court of Kansas.

April 17, 2009.

Attorney(s) appearing for the Case

Kurt S. Brack, of Holbrook & Osborn, P.A., of Overland Park, argued the cause and was on the briefs for appellant First Christian Church of Olathe, Kansas.

Michael R. Ong, of Law Office of Michael Ong, P.A., of Leawood, argued the cause, and Michelle M. Krambeck Burge, of the same firm, was with him on the briefs for appellees/cross-appellants Janis M. Waleski Murphy and Mary H. Moeller.

Barry M. Martin, of Speer & Holliday, LLP, of Olathe, argued the cause and was on the briefs for appellee Estate of Ethel F. Draper.

The opinion of the court was delivered by LUCKERT, J.:

This case involves questions concerning the availability of a constructive trust remedy when an estate attempts to bring into the estate some assets that the decedent wrongfully transferred. In addition, issues are raised regarding the applicability of the nonclaim statute and various other statutes of limitation to claims brought by the estate against those who possess the assets.

We hold a constructive...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases