Nelson v. Nelson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding constructive fraud is not exclusive basis for imposition of constructive trust
• when considering summaiy judgment motion, district judge must consider evidence in light most favorable to nonmoving party
• nonclaim statute applies to third-party beneficiary’s breach of contract claims; does not shorten time for tort claims, including fraud, under K.S.A. 59-2239[2]
• claim that decedent breached promise in property settlement to place entire estate in trust for benefit of adult children was claim against estate that needed to be brought within time limits of nonclaim statute
• noting exception for torts, including fraud, in K.S.A. 59- 2239[2]
• discussing elements of unjust enrichment in context of constructive trust

Source: CourtListener parenthetical corpus (CC0).

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

• David v. Hett
  Supreme Court of Kansas· 2011-12-30· cited 52×
• Golden v. Den-Mat Corp.
  Court of Appeals of Kansas· 2012-05-04· cited 47×
• Thomas v. COUNTY COM'RS OF SHAWNEE COUNTY
  Supreme Court of Kansas· 2011-09-23· cited 46×
• City of Neodesha v. BP Corp. North America, Inc.
  Court of Appeals of Kansas· 2014-08-22· cited 25×
• University of Kansas Hospital Authority v. Board of Commissioners
  Supreme Court of Kansas· 2014-06-27· cited 24×
• Lindsey Masonry Co. v. Murray & Sons Construction Co.
  Court of Appeals of Kansas· 2017-02-03· cited 22×
• Chism v. Protective Life Insurance
  Supreme Court of Kansas· 2010-06-11· cited 18×
• Hemphill v. Shore
  Supreme Court of Kansas· 2012-12-07· cited 16×
• Deeds v. Waddell & Reed Investment Management Co.
  Court of Appeals of Kansas· 2012-05-04· cited 10×
• Alain Ellis Living Trust v. Harvey D. Ellis Living Trust
  Supreme Court of Kansas· 2018-09-21· cited 9×
• Church of God in Christ, Inc. v. Board of Trustees of Emmanuel Church of God in Christ
  Court of Appeals of Kansas· 2012-06-08· cited 9×
• Boucek v. Boucek
  Supreme Court of Kansas· 2013-07-12· cited 9×
• Bertels v. Farm Bureau Property & Casualty Insurance Company
  Tenth Circuit· 2024-12-13· cited 6×
• Southern Star Central Gas Pipeline, Inc. v. Cline
  D. Kansas· 2011-01-23· cited 5×
• Moore v. Moore
  Court of Appeals of Kansas· 2018-08-24· cited 5×
• Rajala v. US Bank (In re Christenson)
  D. Kansas· 2012-12-18· cited 4×
• Hemphill v. Shore
  Court of Appeals of Kansas· 2010-09-24· cited 3×
• In re Estate of Patricia Bixby McHugo (Susan Inouye, Appellant)
  Supreme Court of Vermont· 2020-07-10· cited 3×
• In Re the Estate of Brenner
  Court of Appeals of Kansas· 2015-11-20· cited 2×
• Coker v. Siler
  Court of Appeals of Kansas· 2013-05-03· cited 1×