Brooks v. McComb

Citations

• 38 F. 317
• 1889 U.S. App. LEXIS 2821

Syllabus

<p>Winns — Foreign—Recording—-Doctrine or Relation.</p> <p>Comp. Laws Kan. 1881, c. 117, § 29, provides that “no will shall he effectual to pass real or personal estate, unless it shall have been duly admitted to probate, or recorded, as provided in this act. ” Chapter 37, § 116a, provides that powers of sale conferred upon executors, etc., by foreign wills, shall, as to lands situated in Kansas, be as valid there as in the state where the will was made, “provided that at the time of such conveyance (under the power) a copy of such will shall have been recorded in the office of the probate court in the county in which any land so conveyed is situated, as authorized by” chapter 117, § 24. Held, that where a foreign executor conveyed land in Kansas', under a power of sale in the will, before recording the will, but no rights of third pe,rsons intervened, the subsequent recording related back to the date of the conveyance, and made it valid.</p>