The opinion of the court was delivered by
WERTZ, J.:
This action was denominated and referred to in the court below as an action for a declaratory judgment. However, the pleadings do not meet the requirements of a suit for a declaratory judgment. (City of Cherryvale v. Wilson, 153 Kan. 505, 112 P.2d 111.) This was a simple equitable action brought in the district court of Cloud county by plaintiff, Lena May Roberts, a living testatrix, to set aside...
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