Lostutter v. Estate of Larkin

The opinion of the court was delivered by

Herd, J.:

This is a consolidated action by John M. Lostutter and Robert K. Lostutter, Sr., to enforce the provisions of an oral contract against the Estate of William A. Larkin, deceased, and the W. A. Larkin Revocable Trust. This appeal is from judgment for the estate. We affirm.

William Larkin lived a successful life in Emporia, having overcome the early loss of his parents. At his death, he left a combined probate and trust estate of three million dollars. The appellants, John M. and Robert K. Lostutter, Sr., allege they are each entitled to one-half…