In Re the Estate of Gardiner

The opinion of the court was delivered by

Allegrucci, J.:

J’Noel Gardiner appealed from the district court’s entry of summary judgment in favor of Joseph M. Gardiner, III, (Joe) in the probate proceeding of Marshall G. Gardiner. The district court had concluded that the marriage between Joe’s father, Marshall, and J’Noel, a post-operative male-to-female transsexual, was void under Kansas law.

The Court of Appeals reversed and remanded for the district court’s determination whether J’Noel was male or female at the time the marriage license was issued. See In re Estate of Gardiner, 29 Kan. App. 2d…