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EGGESON v. DELUCA

No. 103,728.

252 P.3d 128 (2011)

Harriet F. EGGESON, Appellee, v. Gertrude DELUCA, Appellant.

Court of Appeals of Kansas.

February 25, 2011.

Attorney(s) appearing for the Case

M. Courtney Koger , John M. McFarland , and Scott E. Harvison , of Kutak Rock LLP, of Kansas City, Missouri, for appellant.

John P. Hastings , of Leawood, for appellee.

Before GREENE, P.J., GREEN, J., and LARSON, S.J.

GREEN, J.

John and Barbara Leavey, husband and wife, executed joint contractual wills in 1987 which detailed their asset distribution plan for Barbara's siblings and John's children upon the death of the surviving spouse. After Barbara signed a durable power of attorney in 1997 allowing John to create a revocable trust with dispositive provisions "substantially similar" to her 1987 will, John created revocable trusts for both him and Barbara that contained virtually...

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