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BOUCEK v. BOUCEK

No. 103,155.

305 P.3d 597 (2013)

John D. BOUCEK, Appellant, v. Richard BOUCEK and Diana Peck, as Executors of the Estate of Bernice E. Boucek, Deceased, Sued Individually and as Trustee of the Clarence F. and Bernice E. Boucek Irrevocable Trust, Dated July 15, 1996; and as Successor Co-Trustees of the Revocable Inter Vivos Trust of Bernice E. Boucek, Dated August 3, 2004, Appellees.

Supreme Court of Kansas.

July 12, 2013.

Attorney(s) appearing for the Case

David R. Klaassen , of Marquette, argued the cause, and Heather R. McCollum , of the same firm, and Larry G. Michel and Karen Q. Couch , of Kennedy Berkley Yarnevich & Williamson, Chartered, of Salina, were with him on the briefs for appellant.

Robert A. Martin , of Norton, Wasserman, Jones & Kelly, L.L.C., of Salina, argued the cause and was on the briefs for appellees.

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

This trust and estate case began with family intrigue, betrayal, and revenge.

The plaintiff is John D. Boucek; the defendants are his brother and sister, Richard Boucek and Diana Peck. John filed this suit in 2006 against his mother, Bernice Boucek, both individually and in her capacity as trustee for two trusts. Bernice has since died, and Richard and Diana have stepped into her shoes in their capacities...

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