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NELSON v. NELSON

No. 97,664.

205 P.3d 715 (2009)

Albert H. NELSON, III, and Markeyta Nelson Dewey, Appellants, v. Doris H. NELSON; Oklahoma State University Foundation, an Oklahoma Non-profit Corporation; Wichita State University Foundation, a Kansas Non-profit Corporation; and Markeyta Nelson Dewey, in her capacity as Successor Trustee of the Albert H. Nelson, Jr., Irrevocable Trust, Appellees.

Supreme Court of Kansas.

April 17, 2009.

Attorney(s) appearing for the Case

William P. Tretbar, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, argued the cause and was on the brief for appellants.

Coy M. Martin, of Moore Martin, L.C., of Wichita, argued the cause, and Ted D. Ayres, of Wichita State University Foundation, Robert W. Coykendall, of Morris Laing Evans Brock & Kennedy, Chtd., of Wichita, and Scott D. Jensen, of Bever Dye, L.C., of Wichita, were with him on the brief for appellees.

The opinion of the court was delivered by LUCKERT, J.:

This appeal raises the question of whether a claim must be made against a decedent's estate when it is alleged the decedent breached a contract to place his entire estate in a testamentary trust for the benefit of his adult children. The district court and the Court of Appeals in Nelson v. Nelson, 38 Kan.App.2d 64, 162 P.3d 43 (2007), held the decedent's assets were not...

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