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ROWE v. CHILDERS

No. 37,953

169 Kan. 616 (1950)

219 P.2d 1066

DOROTHY C. ROWE, Appellee, v. ROBERT L. CHILDERS, et al. (THE FIRST NATIONAL BANK IN WICHITA, Wichita, Kansas, a corporation, and EDITH K. MAHAFFEY, Trustees of the E.K. Childers Trust) Appellants.

Supreme Court of Kansas.

Opinion filed July 8, 1950.

Attorney(s) appearing for the Case

Homer v. Gooing, of Wichita, argued the cause, and Howard T. Fleeson, Wayne Coulson, Paul R. Kitch, Dale M. Stucky and Donald R. Newkirk, all of Wichita, were with him on the briefs for the appellants.

W.L. Cunningham, of Arkansas City, argued the cause, and D. Arthur Walker, Wm. E. Cunningham and William R. Howard, all of Arkansas City, and Phineas Rosenberg, of Kansas City, Mo., were with him on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This appeal arises from rulings on a motion to strike and on a special demurrer and a general demurrer lodged against a petition which we may designate as one instituted by the beneficiary of an express trust to enforce the trust.

Plaintiff's amended petition filed December 1, 1947, contains twenty-two numbered paragraphs and her prayer for relief. Summarized, the allegations of the several paragraphs...

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