IN RE ESTATE OF McLEISH

No. 107,046.

307 P.3d 221 (2013)

In the Matter of the ESTATE OF Thomas Edwin McLEISH, Deceased.

Court of Appeals of Kansas.

August 16, 2013.


Attorney(s) appearing for the Case

Robert E. Keeshan and Matthew M. Coleman , of Scott, Quinlan, Willard, Barnes & Keeshan, LLC, of Topeka, for appellant Michelle Lee Stephen, Executor.

Melvin J. Sauer, Jr. and Donald F. Hoffman , of Dreiling, Bieker & Hoffman LLP, of Hays, for appellees Lois M. McLeish, William McLeish, and Edwin I. McLeish.

Before BUSER, P.J., McANANY and POWELL, JJ.


POWELL, J.

In this appeal, we are faced with the unenviable task of imposing a hard lesson — that a party is bound by the contract he or she signs even if it creates (in the eyes of some) an unfair or harsh result. We are also called upon to answer what appears to be a question of first impression — whether, in a divorce proceeding, a prior oral separation agreement, put on the record, assented to by the parties under oath, and approved by the court...

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