Whitaker v. Whitaker

Opinion op the Court by

Judge Cammack

—Reversing-

The parties to this action were made defendants in a declaratory judgment proceeding instituted by the trustee of the Inland Gas Corporation in the Magoffin circuit court in March, 1938. The trustee sought an adjudication of his rights, and advice as to whom certain gas royalties should be paid. The defendants in that action, children of T. B. and Cynthia Whitaker, answered, setting up their respective claims. Willie Whit-taker prayed that he be adjudged the exclusive ownership of all the royalties ($300 a year) being paid by the Inland Company…