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SMITH v. BENSON

No. 27762.

542 S.W.2d 571 (1976)

Gladys J. Benson SMITH, Plaintiff-Appellant, v. Harry L. BENSON and Fern H. Benson, Defendants-Respondents, Florence S. O'Brien, guardian of the person and Estate of Russell H. Baker, an incompetent, Intervenor-Respondent.

Missouri Court of Appeals, Kansas City District.

October 12, 1976.

Attorney(s) appearing for the Case

Hilary A. Bush, James L. Burgess, Johnson, Lucas, Bush & Snapp, Kansas City, for plaintiff-appellant.

Douglas H. Delsemme, Knipmeyer, McCann, Fish & Smith, Kansas City, for intervenor-respondent.

Before SHANGLER, P.J., and SWOFFORD and SOMERVILLE, JJ.

SOMERVILLE, Judge.

On April 7, 1938, when appellant (plaintiff below) was approximately five years of age, a decree of adoption was entered by the Juvenile Division of the Circuit Court of Jackson County, Missouri, declaring appellant to be, "for all legal intents and purposes", the "child of Harry L. Benson."

Appellant's adoption was a not uncommon sequel to the following events. Fern H. Baker (now Fern H. Benson) and Wesley A. Baker, the natural parents...

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