Aug 08, 2020

Rooks Co. case to be heard by Kansas Court of Appeals via video

Posted Aug 08, 2020 10:10 AM

OJA

TOPEKA—Kansas Court of Appeals judges will hear appeals by videoconference Monday, Aug. 10. The oral arguments will be livestreamed on YouTube.

Judge Stephen Hill is the presiding judge and is joined by Judge Thomas Malone and Senior Judge Richard Walker for the August 10 docket.

9 a.m.  August 10, 2020

Appeal No. 120,054: Denise Ann Roenne, Jeanette Marie Miller, Mark Benton Miller and Justin Miller v. Lawrence Bradley Miller and Amy Starr Miller

Rooks County: This action involves a testamentary trust that held royalty interests in certain oil leases. The beneficiaries of the trust were five siblings—the parties to this suit. The defendant, Brad Miller, was also named the trustee. The four plaintiffs sued Brad and his wife after learning Brad had conveyed all the trust assets to himself. The district court ruled Brad did not breach his fiduciary duties as trustee because the trust gave him absolute discretion over the trust. The plaintiffs appeal from that judgment.