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Because we determine the district court and the court of appeals' panel erred in concluding kansas law did not allow consideration of punitive and double damages because of harvey's death, we remand to the district court for further consideration of its two rulings based on this decision. 101 is codified at k.s.a After the jury verdict, mccabe asked the district court to grant double damages under k.s.a
In this case, a trust and its beneficiaries assert separate damage claims against a deceased trustee for (1) punitive and (2) double damages under k.s.a For example, uniform trust code sec Alain’s heirs sought an imposition of double damages against harvey (and his trust), citing kansas law permitting the extra penalty
The trial judge, though, ruled that the claim was essentially one for “punitive damages,” and that a punitive damages claim could not be asserted against a dead man.
A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. The roots of this case can be traced to november 20, 2007, when the trust entered into a contract to convey approximately 200 acres of rice county land to sammy dean. Within this chapter, the kansas system utilized the uniform trust code section number (those digits following the dash) as a part of the kansas citation
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