Opinion
Nos. 70,604, 71,001
Opinion filed April 21, 1995.
MEMORANDUM OPINION
WILLS — Contractual Will — Testator's Intent — Determination from Written Instrument.
Gregory C. Nye, of Nye Nye, of Newton, argued the cause and was on the briefs for appellants.
John T. Steere, of Fleeson, Gooing, Coulson Kitch, L.L.C., of Wichita, argued the cause, and Lyndon W. Vix and Timothy P. O'Sullivan, of the same firm, were with him on the briefs for appellees.
Review of the judgment of the Court of Appeals in 19 Kan. App. 2d 1073, 880 P.2d 289 (1994). Appeal from Harvey district court; CARL B. ANDERSON, JR., judge. Judgment of the Court of Appeals affirming the district court is affirmed. Judgment of the district court is affirmed. Opinion filed April 21, 1995.
The opinion of the court was delivered by
Byron Brittain, Maurine Rutschman, and First United Methodist Church, Inc., of Newton, appellants, appealed the granting of summary judgment in favor of the appellees on the grounds that the joint and mutual will executed in 1985 by Thomas W. and Ruby Ethel Howerton was contractual, that Thomas breached the contractual will by executing a new will after Ruby Ethel's death, and that all property in the Thomas W. Howerton Revocable Trust was subject to the 1985 will. In a published opinion by Judge Brazil, the Court of Appeals affirmed the district court. Bell v. Brittain, 19 Kan. App. 2d 1073, 880 P.2d 289 (1994).
We have reviewed the briefs, arguments, and the record in this case, and we conclude the Court of Appeals was correct. We adopt the opinion of the Court of Appeals and affirm both the district court and the Court of Appeals.