Legal Opinion

In re the Norman B. Hjersted Revocable Trust

Court of Appeals of Kansas

Decided June 2, 2006No. 94,072PublishedCited by 2 opinions

1Opinion of the Court

Greene, J.:

Maryam Hjersted, surviving spouse of Norman B. Hjersted, appeals the district court’s finding of ambiguity and resulting construction of a provision in Norman’s trust agreement that revoked all gifts and transfers to her and her son Timothy based upon her invocation of elective share rights under Kansas statutory law. She also argues that if the provision is to be construed as it was by the district court, the executor should be estopped from enforcing the provision against her. We reject her arguments and affirm the district court.

Factual and Procedural Background

A detailed…

2Cases cited8 opinions

  1. Gillespie v. SeymourSupreme Court of Kansas · 1991
  2. Hamilton v. State Farm Fire & Casualty Co.Supreme Court of Kansas · 1998
  3. In Re the Estate of SandersSupreme Court of Kansas · 1996
  4. CIT Group/Sales Financing, Inc. v. E-Z Pay Used Cars, Inc.Court of Appeals of Kansas · 2001
  5. Godley v. Valley View State BankSupreme Court of Kansas · 2004

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3Cited by2 opinions

  1. In re Bradley TrustCourt of Appeals of Kansas · 2021
  2. Mangels v. CornellCourt of Appeals of Kansas · 2008

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