Alain Ellis Living Trust v. Harvey D. Ellis Living Trust

Malone, C.J.:

This is an appeal from several orders of the district court in a case involving a breach of trust by a trustee who was deceased at the time of the litigation. The appeal presents three legal issues: (1) whether the district court erred in ruling that the double damage penalty of'K.S.A. 58a-1002(a)(3) does not survive the death of a malfeasant trustee; (2) whether the district court erred in ruling that punitive damages may not be awarded against the assets of a deceased settlors revocable trust; and (3) whether the district court abused its discretion in its award of attorney…