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eBook details

• Title: Roberts v. Cooter
• Author : Supreme Court of Kansas
• Release Date : January 16, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The opinion of the court was delivered by 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 and cancel a contract in a will, i.e.,
a contractual will, on the ground of fraud, duress and coercion.
The trial court made findings of fact and conclusions of law, and
in accordance therewith rendered judgment for the plaintiff
(appellee). Following the overruling of defendants (appellants)
Grace B. and James R. Cooter's post-trial motions, they appeal.
The defendants Robert C. Mort and Harry Harrison do not appeal. Plaintiff is now a widow eighty-four years of age and has lived
in Beloit, Mitchell county, for more than sixty-six years. Her
husband, E.E. Roberts, died in 1955. They had one child,
defendant Grace B. Cooter. Grace had one child by her first
marriage, defendant Robert C. Mort, and one child by her second
marriage, defendant James R. Cooter. Defendant Harry Harrison was
the executor named in the contractual will. At the time this
action was commenced defendants Grace Cooter and Harry Harrison
were residents of Mitchell county; James was a resident of Saline
county, and Robert was a resident of Johnson county, Missouri.
Service of summons was made upon the defendant Robert Mort in
Cloud county (G.S. 1949, 60-509), and upon the other defendants
in their respective counties in accordance with G.S. 1949,
60-2502.

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