Legal Opinion

In Re the Trust of Hildebrandt

Court of Appeals of Kansas

Decided January 13, 2017No. 115530PublishedCited by 3 opinions

1Opinion of the Court

Schroeder, J.;

Galloway, Wiegers, & Brinegar, P.A. (Brine-gar) appeals arguing its appointment as the successor trustee of Clarence Hildebrandts trust (the Trust) cannot be modified and is a material purpose of the Trust. As the current trustee, Wayne Hildebrandt, Clarence’s brother, responds Brinegar lacks standing, and his request to appoint a different successor trustee does not violate a material purpose of the Trust. We agree with Wayne in part and disagree in part. First, we find Brinegar has standing to challenge its replacement as the successor trustee of the Trust. Second, we agree…

2Cases cited6 opinions

  1. Stechschulte v. JenningsSupreme Court of Kansas · 2013
  2. Superior Boiler Works, Inc. v. KimballSupreme Court of Kansas · 2011
  3. Hamel v. HamelSupreme Court of Kansas · 2013
  4. Wright v. CummingsSupreme Court of Kansas · 1921
  5. In Re Trust D Created Under the Last Will & Testament of DarbySupreme Court of Kansas · 2010

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Wheeler v. Elkhorn Valley Bank & Trust (In Re Trust Created by Jack Fenske)Nebraska Supreme Court · 2019
  2. In re Trust Created by FenskeNebraska Supreme Court · 2019
  3. Sutherland v. Sutherland TrustCourt of Appeals of Kansas · 2025

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