Roberts v. Cooter

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 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…