Hemphill v. Shore

The opinion of the court was delivered by

Beier, J.:

Plaintiff Daniel L. Hemphill appeals the district court’s statute of limitations dismissal of his lawsuit against his uncle, defendant Jay F. Shore, as trustee of the Shore Family Trust. The Court of Appeals affirmed in Hemphill v. Shore, 44 Kan. App. 2d 595, 239 P.3d 885 (2010), and we accepted this appeal on Hemphill’s petition for review.

We hold that three of four of Hemphill’s causes of action are time barred, but his claim based on constructive fraud survives. The controlling trust instrument established a confidential relationship…