Breen v. Davies

Citations

• 99 Kan. 110
• 160 P. 997

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oral Antenuptial Agreement — Failure of Proof to Establish Contract — Statute of Frauds. ■ Plaintiff pleaded an oral antenuptial agreement to marry and care for her husband during the remainder of his life — special need for care being set forth — and to leave her property, save her patrimony, to him should he outlive her, she to have all his property if she survived him. The proof failed to show any agreement for care, save such as might be implied from the marriage itself. Held, that the marriage and care for him while he lived did not remove .the operation of the statute of frauds.</p> <p>2. Trial — Findings—Evidence. The findings of fact are supported by the evidence and justify the conclusions of law in favor of the defendants.</p>