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ALAIN ELLIS LIVING v. HARVEY ELLIS LIVING

Nos. 113,097, 113,282.

385 P.3d 533 (2016)

The ALAIN ELLIS LIVING TRUST; Harvey D. Ellis, Jr. and Nadia M. Ellis, Individually and as Natural Parents, Guardians, and Next Friends of Minor, S.E.; and Roger K. Ellis, Appellants, v. The HARVEY D. ELLIS LIVING TRUST; the Estate of Harvey D. Ellis; Emprise Bank, a Kansas Banking Corporation; and Cathleen A. Gulledge, Appellees, Kansas University Endowment Assn., et al., Intervenors/Appellees.

Court of Appeals of Kansas.

Opinion filed November 18, 2016.

Attorney(s) appearing for the Case

Sarah E. Warner and Stephen R. McAllister , of Thompson Ramsdell Qualseth & Warner, P.A., of Lawrence, for appellants.

Lee Thompson , of Thompson Law Firm, LLC, of Wichita, for appellees The Harvey D. Ellis Living Trust and The Estate of Harvey D. Ellis.

Curtis L. Tideman and Emily R. Davis , of Lathrop & Gage LLP, of Overland Park, for intervenors/appellees Kansas University Endowment Association, et al.

Before Malone, C.J., Standridge, J., and Hebert, S.J.

This is an appeal from several orders of the district court in a case involving a breach of trust by a trustee who was deceased at the time of the litigation. The appeal presents three legal issues: (1) whether the district court erred in ruling that the double damage penalty of K.S.A. 58a-1002(a)(3) does not survive the death of a...

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