Burns v. Spiker
Citations
- 109 Kan. 22
- 202 P. 370
- 1921 Kan. LEXIS 69
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Antenuptial Contract — Under standingly Entered Into — Enforceable. An antenuptial contract between a widower having four children and a widow having seven, providing that her share of his property if she survived him should be limited to one-fifth, that she should take care of his children as though they were her own, but that her own children should be put to work to earn their own living as soon as they were able, he not to be liable for their support thereafter, and that he might refuse to keep at his home any of them that refused to obey him, is not so unfair as to be unenforceable or to place upon those claiming under it the burden of producing affirmative evidence that it was understanding^ entered into.</p> <p>2. Same — Prospective Wife Unable to Read — No Presumption of Fraud ■ or Imposition. The fact that the prospective wife who signs an ante-nuptial contract cannot read does not of itself raise a presumption that any fraud or imposition was practiced upon her, even in the absence of affirmative evidence that it was read to her or that its contents were stated to her.</p> <p>3. Same — No Deception Shown. The'evidence is held not' to have necessarily established any fact tending to show that any deception was practiced in the present case.</p> <p>4. Will — Wife’s Consent to Husband’s Will. The decision of the trial court giving effect to the wife’s written consent to her husband’s will is held to be supported by the evidence.</p> <p>5. Same — Will by Wife’s Written Consent — May Dispose of Wife’s Homestead Rights. By a will to which his wife consents in writing in the presence of subscribing witnesses a husband may dispose of all his property, including that occupied as a family residence, and thereby cut off the right of his widow to continue in its occupancy as a homestead; and such a will which in general terms bequeaths and devises to persons named all the testator’s property without specifying any items and without
Judges: Johnston, Mason, West
Read full opinion on CourtListenerCited by
18 cases in this archive cite this case.
- Hoard v. JonesSupreme Court of Kansas· 1925-07-11· cited 48×
- Rosenberg v. LipnickMassachusetts Supreme Judicial Court· 1979-03-30· cited 43×
- In Re Estate of AntonopoulosSupreme Court of Kansas· 1999-11-12· cited 40×
- First National Bank v. Ten NapelSupreme Court of Iowa· 1924-10-24· cited 21×
- In Re Estate of NeisSupreme Court of Kansas· 1950-12-09· cited 16×
- J. B. Colt Co. v. KocherSupreme Court of Kansas· 1927-04-09· cited 15×
- Garden v. HainesSupreme Court of Kansas· 1944-05-06· cited 15×
- McVicar v. McVicarSupreme Court of Kansas· 1929-06-08· cited 11×
- Younger v. Estate of YoungerSupreme Court of Kansas· 1967-04-08· cited 9×
- Fox v. RyanSupreme Court of Kansas· 1926-06-12· cited 8×
- Fritchen v. JacobsSupreme Court of Kansas· 1933-11-11· cited 8×
- Price v. ShaySupreme Court of Kansas· 1922-01-07· cited 6×
- Wenzel v. Wheeler-Kelly-Hagny Trust Co.Supreme Court of Kansas· 1946-07-06· cited 4×
- Fawcett v. FawcettSupreme Court of Kansas· 1947-07-12· cited 4×
- Sanger v. SangerSupreme Court of Kansas· 1931-03-07· cited 3×
- Butler v. MillerSupreme Court of Kansas· 1924-06-07· cited 2×
- Pellett v. PellettSupreme Court of Kansas· 1931-02-07· cited 2×
- United States v. RamsayTenth Circuit· 1942-10-12
Cites
9 cases in this archive are cited by this case.
- Gordon v. MunnSupreme Court of Kansas· 1912-07-06· cited 32×
- Watson v. WatsonSupreme Court of Kansas· 1920-05-08· cited 21×
- McMahill v. McMahillIllinois Supreme Court· 1883-03-28· cited 16×
- Osborn v. OsbornSupreme Court of Kansas· 1918-04-06· cited 13×
- In re the Estate of BreenSupreme Court of Kansas· 1915-03-06· cited 12×
- Carmen v. KightSupreme Court of Kansas· 1911-06-10· cited 9×
- Compton v. AkersSupreme Court of Kansas· 1915-07-10· cited 7×
- Watson v. WatsonSupreme Court of Kansas· 1920-07-10· cited 3×
- Koster v. GellenMichigan Supreme Court· 1900-05-15· cited 3×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.