The opinion of the court was delivered by This is an appeal by Gorham State Bank from an order of the
Russell County District Court granting summary judgment to the
defendants in a civil action filed by plaintiff bank to set aside
certain conveyances of real estate as having been made with
intent to hinder, delay, and defraud creditors of defendant
Berniece M. Sellens. Summary judgment was granted to defendants
on the ground that this civil action was commenced more than four
months after the first publication of notice to creditors in the
estate of Berniece Sellens' husband, Ralph Sellens, to whom the
subject real estate had been conveyed. The district court ruled
that the nonclaim statute, K.S.A. 1988 Supp. 59-2239, barred the
claim of plaintiff bank to the properties, which had been listed
as assets of the decedent's estate. We reverse. The underlying facts leading to this appeal are not disputed.
Sometime prior to May 23, 1984, the plaintiff, Gorham State Bank,
made an unsecured loan to the defendant, Berniece M. Sellens.
Following a number of extensions, the loan became due December
11, 1984, in the amount of $82,880.83. Berniece defaulted on the
loan.
