Alain Ellis Living Trust v. Harvey D. Ellis Living TrustAnnotate this Case
The Supreme Court held that separate damage claims against a deceased trustee for punitive and double damages under Kan. Stat. Ann. 58a-1002 and under the common law relating to a breach of trust and a breach of fiduciary duty may be recovered after the death of a trustee.
A Trust and its beneficiaries brought a cause of action for a deceased Trustee’s breach of trust and breach of fiduciary duty, seeking punitive damages from the Trustee’s Estate under section 58a-1002(c). On appeal from the judgment of the trial court, the Trust challenged the trial court’s rulings that prevented the jury from considering whether the Trust should receive double or punitive damages against the Trustee’s Estate. The court of appeals affirmed. The Supreme Court reversed, holding that the district court and court of appeals erred in concluding that Kansas law did not allow consideration of punitive and double damages because of the Trustee’s death.