Tharrett v. Everett

24. Tharrett v. Everett

**Citation:** Supreme Court of Kansas, No. 125,999, 2025 WL 2267780 (Aug. 8, 2025)

Relevant Facts

• Roxine Poznich died testate in 2020 with a revocable living trust; beneficiaries were her five children.

• Sarah Tharrett (daughter) was named successor trustee; David Everett (son) filed suit in May 2021 to remove her as trustee.

• In October 2021, Sarah sent a final trust report with accounting and proposed distribution.

• All beneficiaries except David executed releases; David raised objections preventing trust closure.

• David accepted his distribution check but filed an appeal.

Legal Issues

Whether David acquiesced to the judgment by accepting his distribution check after filing notice of appeal; whether acquiescence requires an evidentiary hearing.

Decision by the Court

The Supreme Court of Kansas affirmed in part and reversed in part. It affirmed the dismissal of David's appeal for lack of jurisdiction based on acquiescence. It reversed the denial of Sarah's request for appellate attorney fees and awarded Sarah $11,320.

Reasons for the Decision

When a party accepts benefits of a judgment it contests on appeal, it acquiesces in that judgment. When one party's portion of a fixed trust estate directly impacts others' portions, the distributions are inseparable. Under K.S.A. 58a-1004, the court may award equitable attorney fees in trust administration proceedings.