Rowe v. Childers

The opinion of the court was delivered by

Thiele, J.:

This appeal arises from rulings on a motion to strike and on a special demurrer and a general demurrer lodged against a petition which we may designate as one instituted by the beneficiary of an express trust to enforce the trust.

Plaintiff’s amended petition filed December 1, 1947, contains twenty-two numbered paragraphs and her prayer for relief. Summarized, the allegations of the several paragraphs state: 1. The residence of plaintiff. 2. The residence of defendant Robert L. Childers. 3. That defendants The First National Bank in Wichita…