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ALAIN ELLIS LT v. HARVEY D. ELLIS LT

Nos. 113,097, 113,282.

427 P.3d 9 (2018)

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.

Supreme Court of Kansas.

Opinion filed September 21, 2018.

Attorney(s) appearing for the Case

Sarah E. Warner , of Thompson Warner, P.A., of Lawrence, argued the cause, and, Stephen R. McAllister , of the same firm, was with her on the briefs for appellants.

Lee Thompson , of Thompson Law Firm, LLC, of Wichita, argued the cause and was on the briefs 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, were on the briefs for intervenors/appellees Kansas University Endowment Association, et al.

In this case, a trust and its beneficiaries assert separate damage claims against a deceased trustee for (1) punitive and (2) double damages under K.S.A. 58a-1002 of the Kansas Uniform Trust Code (KUTC) and under the common law relating to a breach of trust and a breach of fiduciary duty. This...

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