Eberhart v. Rath
Citations
- 89 Kan. 329
- 131 P. 604
- 1913 Kan. LEXIS 63
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Antenuptial Oral Contract — Reduced, to Writing after Marriage — Valid. A widow residing and owning lands in this state married a man residing and owning property in Nebraska. As part of the marriage contract it was orally agreed that he should receive nothing of her estate in case she died first, and that she should receive the sum of $1000 only of his estate in case he died first.’ After the marriage in Kansas the parties established their home in Nebraska where they resided for seventeen years, when she died, leaving children by a former marriage and a son by her last marriage. Soon after the marriage the husband and wife entered into a written contract, in view of the oral agreement, and of the same purport. In this action for partition brought by the children of the former marriage the surviving husband claims one-half of the land in this state owned by his wife at the time of the marriage and at her death. It is held that the written contract is valid and effectual although it does not recite or refer to the previous oral agreement.</p> <p>2. - Contract — Made in Nebraska — Construed under Laws of Kansas. The validity of the relinquishment by the husband of his rights in the wife’s land in this state under the contract above referred to must be determined by the laws of Kansas although the instrument was made in Nebraska.</p> <p>3. Antenuptial CONTRACT — Validity — Opinions of Lawyers— Not Conclusive. The opinions of witnesses, practicing lawyers of Nebraska, that the agreement and contract referred to in the first above paragraph are invalid, are not conclusive in the absence of a controlling decision in that state. Upon an examination of statutes in evidence, and decisions of the supreme court of Nebraska, it is concluded that such contracts are regarded in that state in the same light as they are viewed here.</p> <p>4. Evidence — Conversation with Deceased Wife — Incompetent. The surviving husband was incompetent to testi
Judges: Benson
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10 cases in this archive cite this case.
- Hoard v. JonesSupreme Court of Kansas· 1925-07-11· cited 48×
- Cunningham v. PattersonSupreme Court of Kansas· 1913-05-10· cited 15×
- Jorgensen v. CrandellNebraska Supreme Court· 1938-02-18· cited 13×
- Keller v. KellerSupreme Court of Kansas· 1926-07-10· cited 11×
- McVicar v. McVicarSupreme Court of Kansas· 1929-06-08· cited 11×
- Pattison v. PattisonSupreme Court of Kansas· 1930-01-11· cited 10×
- Teel v. HarlanSupreme Court of Oklahoma· 1947-10-14· cited 9×
- Allen v. AllenSupreme Court of Kansas· 1921-04-09· cited 7×
- Sanger v. SangerSupreme Court of Kansas· 1931-03-07· cited 3×
- Wilson v. BeelerSupreme Court of Kansas· 1940-04-06· cited 3×
Cites
12 cases in this archive are cited by this case.
- Jones v. CliftonSupreme Court· 1880-03-18· cited 95×
- McAnnulty v. McAnnultyIllinois Supreme Court· 1887-03-23· cited 36×
- Sims v. RicketsIndiana Supreme Court· 1871-05-15· cited 31×
- King v. MollohanSupreme Court of Kansas· 1900-04-07· cited 30×
- Dennis v. PerkinsSupreme Court of Kansas· 1913-01-11· cited 27×
- Nagle v. TiepermanSupreme Court of Kansas· 1907-02-09· cited 25×
- Wilder v. BrooksSupreme Court of Minnesota· 1865-01-15· cited 20×
- Richardson v. De GivervilleSupreme Court of Missouri· 1891-10-15· cited 13×
- Weld v. WeldSupreme Court of Kansas· 1905-06-10· cited 12×
- Supreme Lodge of the Knights of Pythias v. FerrellSupreme Court of Kansas· 1910-12-10· cited 12×
- Hutchings v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas· 1911-04-08· cited 8×
- In re Estate of BaubichonCalifornia Supreme Court· 1874-07-01· cited 7×
Sourced from CourtListener / Free Law Project (CC0).
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