OTTO v. SWARTZ

No. 41,838

186 Kan. 689 (1960)

352 P.2d 12

FLORENCE H. OTTO, Appellee, v. HOWARD A. SWARTZ, Trustee of Frank J. Swartz Trust, Appellant.

Supreme Court of Kansas.

Opinion filed May 14, 1960.


Attorney(s) appearing for the Case

Robert T. Stephan, of Wichita, argued the cause, and Harry W. Saums, Herbert H. Hopper, and Eugene L. Pirtle, all of Wichita, were with him on the briefs for the appellant.

Rodney H. Busey, of Wichita, argued the cause, and Lester C. Arvin and Kay K. Arvin, both of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from an order and judgment overruling a demurrer to a petition.

Plaintiff commenced the action in the district court of Sedgwick County by filing a petition the provisions of which, so far as pertinent to the issue involved, read:

"2. That on or about October 18, 1933, Frank J. Swartz, father of this plaintiff, executed an express...

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