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MUTUAL LIFE INS. CO. OF NEW YORK v. BENTON

No. 387.

34 F.Supp. 859 (1940)

MUTUAL LIFE INS. CO. OF NEW YORK v. BENTON et al.

District Court, W. D. Missouri, W. D.

October 1, 1940.

Attorney(s) appearing for the Case

Wm. C. Michaels and Henry I. Eager (of Michaels, Blackmar, Newkirk, Eager & Swanson), both of Kansas City, Mo., for plaintiff.

Dickinson & Dickinson, of Kansas City, Mo., for defendant Dollie Kensler.

Cowgill & Popham and Sam Mandell, all of Kansas City, Mo., for defendant Juanita Piatt, executrix.

Flavel Robertson (of Lombardi, Robertson, Fligg & McLean), of Kansas City, Mo., for Carlton R. Benton, guardian, etc.

Lancie L. Watts, of Kansas City, Mo., for defendant Marie Inez Meyer.

REEVES, District Judge.

The question here presented is whether, without a statutory adoption in Rhode Island, a court of equity sitting in Missouri should or could give Marie Inez Meyer the status of an adopted daughter.

The Missouri rule is different from that of practically all the other states as well as the common law. It authorizes a court of equity to enforce a parol contract of adoption, "where the contract has been fully performed by the child and...

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