Dennis v. Perkins

Citations

• 88 Kan. 428
• 129 P. 165
• 1913 Kan. LEXIS 362

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Husband and Wife—Agreement to Separate—Resumption of Marital Relations. Reconciliation and the resumption of marital relations do not necessarily avoid a separation agreement previously made by the parties, such effect depending on the question whether the provisions of the contract and the conduct and-circumstances show an intention to treat the agreement as no longer in force.</p> <p>2. -- Agreement to Separate—Abrogation. Such reconciliation and resumption do not warrant the court in deeming such contract avoided any further, if at all, than its terms taken in connection with the situation and conduct of the parties indicate their intention to avoid it.</p> <p>3. -Right of Inheritance. The right of inheritance in the property of the wife is not to be denied the husband unless such purpose be express or clearly inferable.</p> <p>4. Quieting Title—Evidence—Transaction with Deceased. In a suit by the husband to quiet his title to property of his deceased wife against her children, both parties claiming) inherit from her, he is prohibited by section 320 of the civil code from testifying to transactions and communications had personally with her.</p>