Eadie v. Hamilton

Citations

• 94 Kan. 214
• 146 P. 323
• 1915 Kan. LEXIS 72

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Jurisdiction op Probate Court — Trusts—Enforcement of Clmm Arising from a Trust Against Estate of Trustee. The plaintiff, the owner of a note secured by a real-estate mortgage, assigned the instrument to her brother, who agreed to foreclose the mortgage, purchase the land at the foreclosure sale, hold the land for the plaintiff until a favorable opportunity should present itself, and then sell the land and account to the plaintiff for the proceeds, less all expenditures. Pursuant to this arrangement the brother purchased a' first mortgage on the land, foreclosed both mortgages, purchased the land at the foreclosure sale, paid costs and attorney fees, made other advancements, and after keeping the land for a number of years sold it at a profit above all expenditures. He died without having rendered an account to his sister. The plaintiff presented a claim against her brother’s estate in the form of an account showing various debits and credits and stating a balance due her arising from the transactions stated. Held, the probate court has jurisdiction to adjudicate the claim and that the agreement between the plaintiff and her brother was provable by parol evidence.</p>