Bradley v. Burgess

Citations

• 109 Kan. 347
• 198 P. 967
• 1921 Kan. LEXIS 139

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Postnuptial Contract — Contract Valid• — No Violation of Public Policy. A contract by an old and infirm couple, husband and wife, for the division of their property, in which they agreed to separate because they could no longer continue to live together in comfort by reason of their infirmities and circumstances, and in which it was agreed- that the husband, who was ill, should go to the home of a son by a former marriage, where he would receive proper attention, and the wife be relieved of the burden of attempting to look after him, is held under all the circumstances; a valid contract, and not open to the objection that it violates public policy.</p> <p>2. Same — Party Having Accepted Benefits of Agreement May Not Set It Aside. Where in such a case, shortly after the separation, the wife dies leaving a will devising her property to her own relatives, held, the fact that the husband has accepted the benefits of the agreement, which was fairly entered into and was fully executed, precluded him from setting it aside or from recovering property disposed of under its provisions, and that persons claiming under him occupy no better position.</p>