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MEYER v. ROGERS

No. 38,415

173 Kan. 124 (1952)

244 P.2d 1169

MILDRED MEYER, Appellee, v. WINIFRED WARNER ROGERS, FRED F. ROGERS, ELIZABETH DOWDALL HYATT, JOHN KENNETH HYATT, JOHN KENNETH HYATT, JR., ELIZABETH P. HYATT, CLIFTON MOORE WARNER HYATT, ELLA MAY WARNER, MARY FRANCES WARNER CRIST, JOHN WARNER, GERTRUDE WARNER, JOHN WARNER III, CLIFTON M. WARNER, MAUDE B. WARNER, ORLANDO H. PIPER, Trustee for James MacMillan, Deceased; ORLANDO H. PIPER, Trustee for Nellie Piper Moore; and CLIFTON M. WARNER, as Trustee and Executor of the Last Will and Testament and Codicil of Clifton H. Moore, Deceased, Appellants.

Supreme Court of Kansas.

Opinion filed June 7, 1952.

Attorney(s) appearing for the Case

W.C. Gould, of Dodge City, argued the cause, and R.R. Mitchell, of Dodge City, and Hal M. Stone, of Bloomington, Illinois, were with him on the briefs for the appellants.

W.A. Kahrs and Keith L. Wallis, both of Wichita, argued the cause, and Robert H. Nelson and Clarence N. Holeman, both of Wichita, and C. Chesterman Linley, of Cimarron, and E.C. Minner, of Dodge City, were with them on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action brought under the declaratory judgment act by Mildred Meyer, appellee (hereinafter referred to as plaintiff), the alleged recognized illegitimate daughter of one Vesper Warner (hereinafter referred to as Vesper), to determine her rights as a beneficiary of and for an accounting of her alleged interest in the rents and profits from real estate...

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