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KIBBEE v. FIRST INTERSTATE BANK

No. S-10-0022.

242 P.3d 973 (2010)

2010 WY 143

Peter B. KIBBEE, Appellant (Plaintiff), v. FIRST INTERSTATE BANK, Sheridan, Wyoming, as Trustee of the Chandler H. Kibbee Trust Agreement dated May 26, 1987, and the Mercedes K. Kibbee Trust Agreement dated May 26, 1987, as amended March 15, 1996, and any subsequent amendments thereto, the Sharon K. Lobo Charitable Remainder Annuity Trust dated September 10, 2006, the Joshua Kibbee Lobo Charitable Lead Unitrust dated November 2, 2006, the Aurora Lobo Charitable Lead Unitrust dated November 2, 2006, the Peter B. Kibbee Charitable Remainder Annuity Trust dated November 2, 2006, and as Co-Personal Representative of the Estate Of Mercedes K. Kibbee, Deceased; Robert Ferril, Trustee of the Chandler H. Kibbee Trust Agreement dated May 26, 1987, and the Mercedes K. Kibbee Trust Agreement dated May 26, 1987, as amended March 15, 1996, and any subsequent amendments thereto; Chandler H. Kibbee and Mercedes K. Kibbee Foundation for Children; Sheridan County Young Men's Christian Association; Sharon K. Delobo, individually, and as Co-Personal Representative of the Estate of Mercedes K. Kibbee, Deceased; Aurora Lobo; Joshua Kibbee Lobo; Laura Galloway; Darryl Kurtz, Sr.; Darryl Kurtz, Jr.; Scott Stewart; Nadeen Iott; Harold Johnson; and Mary Sene; Appellees (Defendants).

Supreme Court of Wyoming.

November 5, 2010.

Attorney(s) appearing for the Case

Representing Appellant: Patrick J. Crank of Speight, McCue & Crank, P.C., Cheyenne, Wyoming, and Greg L. Goddard and Christopher M. Wages of Goddard, Wages & Vogel, Buffalo, Wyoming. Argument by Mr. Crank.

Representing Appellee First Interstate Bank: Tom C. Toner of Yonkee & Toner, LLP, Sheridan, Wyoming.

Representing Appellee YMCA and Other Beneficiaries: Dennis M. Kirven and Timothy J. Kirven of Kirven & Kirven, P.C., Buffalo, Wyoming. Argument by Mr. Timothy Kirven.

Representing Appellee Sharon K. de Lobo: Kim D. Cannon of Davis & Cannon, LLP, Sheridan, Wyoming.

Representing Appellees Aurora Lobo and Joshua Kibbee Lobo: Thomas M. Hogan of Hogan & Company Law Offices, Casper, Wyoming.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

VOIGT, Justice.

[¶ 1] This is an appeal from the granting of multiple summary judgments arising out of a challenge by the appellant, Peter B. Kibbee, to changes made to the estate plan of his step-mother, Mercedes Kibbee. Peter asserts that documents that significantly modified Mercedes' estate plan are invalid because Mercedes lacked the requisite mental capacity, that she was unduly influenced by her previously-estranged daughter, Sharon de Lobo, and that Sharon...

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