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GODLEY v. VALLEY VIEW STATE BANK

No. 89,775.

277 Kan. 736 (2004)

89 P.3d 595

BARBARA GODLEY AND LYNDA MOORE, Appellees, v. VALLEY VIEW STATE BANK; MERRILL LYNCH TRUST COMPANY OF AMERICA; UMB BANK, N.A.; AND THE UNKNOWN HEIRS OF MARIZA V. TOLIVER, DECEASED, Defendants, SIGITAS BABARSKAS, Appellee, and KATHERINE BRUNI; CHRISTINA TOLIVER; MARK TOLIVER, Appellants.

Supreme Court of Kansas.

Opinion filed May 14, 2004.

Attorney(s) appearing for the Case

Phillip C. Rouse, of Douthit, Frets, Rouse & Gentile, L.L.C., of Kansas City, Missouri, argued the cause, and Jennifer L. Benedict, of the same firm, was with him on the briefs for appellants.

Douglas L. Carter, of Law Offices of Douglas L. Carter, P.C., of Kansas City, Missouri, argued the cause and was on the brief for appellee Sigitas Babarskas.

Bernard F. Weinand, of Blackwood, Langworthy & Tyson, L.C., of Kansas City, Missouri, argued the cause and was on the brief for appellees Barbara Godley and Lynda Moore.

The opinion of the court was delivered by

NUSS, J.:

This case requires us to review a trust and determine the validity of its purported amendment. Among other things, the amendment changed the beneficiaries of the original trust. Two of the three new beneficiaries, Barbara Godley and Lynda Moore (plaintiffs), sued the original beneficiaries, Katherine J. Bruni, Christina Toliver, Mark Toliver (defendants), and others...

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