By JAMES BELL
Hays Post
Three years ago, the death of Earl Field sparked a legal battle over his $20.6 million estate, now that battle has made it into a courtroom, with the first day of testimony heard Monday in Ellis County District Court.
During the first day of testimony, Judge William Lyle heard from Field’s physician and heard taped depositions from Steve and Kathy Little.
The Littles claimed to witness Field sign a codicil that changed the Fort Hays State University Foundation from the sole beneficiary.
The codicil would split the estate – half would go to Oborny, and 25 percent each for Hays attorney Joe Jeter and the Foundation.
Testimony from the depositions described communications between Oborny and the Littles, including calls, text messages and in-person meetings around the time of Field’s death.
The Littles died in August in what was ruled a murder-suicide after a federal grand jury summons was delivered to the couple.
Oborny and the Littles attended Hays High together and, after moving from the area, testimony from Kathy Little’s deposition described how they had become reacquainted after Oborny moved back to Hays around 2011.
Kathy Little also said medical treatment had affected her memory – evident during the deposition, as she frequently testified she had no memory of several conversations with Oborny.
She did, however, testify to having a clear recollection of the day Field allegedly signed the codicil in her husband’s office at Lewis Automotive.
When she pulled up to Lewis on Jan. 22, she said she saw Steve Little and Field in Field’s vehicle. They proceeded inside, she said, Field signed the codicil, they then immediately signed as witnesses, and Field then left. Field also told them to keep the codicil secret, as it was supposed to be a surprise for Oborny, she said.
Phone records show Kathy Little placed a call to Oborny shortly before that incident. She said she had no memory of that call, like several others around the time of Field’s death, to Oborny.
Both Kathy and Steve testified they did not tell Oborny of the codicil initially, but finally relented and told Oborny on Feb. 25, when they traveled to Oborny’s home to break the news.
Days prior, Oborny presented an unsigned version of the codicil to Jeter and her lawyer, Donald Hoffman. She was told by both without the witness signatures, it would be invalid.
Another wrinkle in the story that came out during the deposition, however, questions the Littles’ stories.
Neither Steve nor Kathy could explain an almost exact copy of the codicil that had Field’s signature but not theirs that was discovered shredded in Field’s office.
Testimony continued Tuesday morning.