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BROWN v. CONWAY

No. WD 30317.

598 S.W.2d 549 (1980)

Mary L. BROWN, as Guardian of Estate of Bryan Earl Johns, a Minor, Respondent, v. Hazel CONWAY, as Administratrix of Estate of Charles Henry Johns, Jr., Deceased; Hazel Conway, Eugene Johns and Percy Johns, Appellants, S. S. Brown, As Administrator Ad Litem for Estate of Willa Lee Johns, Deceased; Pennsylvania National Mutual Casualty Insurance Company; J. C. Whitney Company; Allen Camper Manufacturing Company, Inc.; and James Spradling, or his successor in office, as Director of Revenue of the State of Missouri, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 5, 1980.

Application to Transfer Denied June 10, 1980.

Attorney(s) appearing for the Case

Wyman Wickersham, and Stephen G. Scholl, Kansas City, for appellants; Popham, Conway, Sweeny, Fremont & Bundschu and Linde, Thomson, Fairchild, Langworthy & Kohn, Kansas City, of counsel.

Allan R. Browne, Kansas City, for respondent; Ennis, Brown & Jensen, Kansas City, and George Warner, Jr., Meridian, Miss., of counsel.

Before KENNEDY, P. J., and PRITCHARD and SWOFFORD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 5, 1980.

PRITCHARD, Judge.

In this declaratory judgment action, the sole issue presented is whether, under the facts, the trial court was correct in adjudging that Bryan Earl Johns was the son and heir of Charles H. Johns, Jr., deceased.

The instant action arose out of a head-on collision on U.S. Highway 69 near LaCyne, Kansas, on July 3, 1976...

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