Legal Opinion

In re St. Clair Trust Reformation

Supreme Court of Kansas

Decided June 5, 2020No. 120050Published

1Opinion of the Court

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 120,050 In the Matter of the JILL PETRIE ST. CLAIR TRUST REFORMATION. SYLLABUS BY THE COURT 1. Appellate courts have de novo review of cases decided on the basis of documents and stipulated facts. 2. K.S.A. 58a-415 permits reformation of a trust to conform the terms to the settlor's intention if proved by clear and convincing evidence that both the settlor's intent and the term of the trust were affected by a mistake of fact or law, whether in expression or inducement. Appeal from Sedgwick District Court; ERIC A. COMMER, judge. Opinion filed…

2Cases cited9 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. United States v. Estate of GraceSupreme Court of the United States · 1969
  3. In Re Harris Testamentary TrustSupreme Court of Kansas · 2003
  4. In Re Trust D Created Under the Last Will & Testament of DarbySupreme Court of Kansas · 2010
  5. Neeley v. NeeleyCourt of Appeals of Kansas · 2000

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