Bethany Hospital Co. v. Philippi

Citations

• 82 Kan. 64
• 107 P. 530
• 1910 Kan. LEXIS 194

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jury Trial — Action by Devisee to Cancel Deed — Insane Grantor — Fraud. An action by a devisee under a will conceded to be valid to cancel and set aside a deed which the maker of the will was fraudulently procured to execute when he was of unsound mind is equitable in character, and therefore neither party is entitled to a jury trial of the same as a matter of right.</p> <p>2. Equitable Proceeding — Special Findings by a Jury — Independent Consideration of Testimony by Trial Court. The trial court, having called a jury to answer special questions of fact, was at liberty either to adopt the answers returned by the jury or to ignore them and make findings of its own, based upon an independent consideration of the testimony.</p> <p>3. Accrual op Action — Amended and Supplemental Petition Filed after Action Accrued. Where the. devisee of the will brought the action before the will was probated, and later, when it was probated, filed an amended and supplemental petition, on which the cause of action was tried, the objection that the action was prematurely brought became immaterial.</p> <p>4. Deeds — Insane Persons — Notice—Consideration—Cancellation —Disaffirmance—Parties. A deed executed by an insane person to one who has knowledge of the mental incapacity of the grantor and who gives no substantial consideration for the property is an absolute nullity. It does not operate to revoke a valid will previously made by the grantor, and a devisee under the will has sufficient interest to justify him in maintaining an action against the grantee to declare the deed to be void, although there has been no prior disaffirmance of the deed or a tender back of the nominal consideration paid by the grantee.</p> <p>5. Pleadings — Joinder of Causes of Action. A petition alleging that the deed was void because of the mental weakness of the grantor and the undue influence exercised upon him while in that condition, and asking to have the deed adjudged t