Anderson v. Anderson

Citations

• 75 Kan. 117
• 88 P. 743
• 1907 Kan. LEXIS 23

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Specific Performance. Whether equity will decree the specific performance of a contract rests in judicial discretion and always depends upon the facts of the particular case. As a rule, when a definite contract to leave property by will has been clearly and certainly established, and there has been performance on the part of the promisee, equity will grant relief, provided the case is free from objection on account of inadequacy of consideration and there are no circumstances or conditions which render the claim inequitable.</p> <p>2. -Agreement to Will Property to Adopted Child. In an action for specific performance, where the trial court finds upon sufficient evidence that a written contract was made for the benefit of plaintiff between her parents and childless relatives, husband and wife, by the terms of which plaintiff while a child of eight years was to be received into their family and treated as their own child, reared, nurtured and cared for as though naturally born to them, they to receive her services and obedience during her minority, and agreeing that she should receive at their death all the property they died possessed of; that plaintiff had fully performed her part of the contract; that the husband died leaving all his property by will to the wife, who afterward died intestate; a decree for specific performance against the heirs at law of the wife, and holding that plaintiff is the legal owner and entitled to the possession of all the property of which the wife was possessed at her death, will be upheld. ,</p>