Glover v. Fillmore

Citations

• 88 Kan. 545
• 129 P. 144
• 1913 Kan. LEXIS 378

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract—“Agreement for Maintenance”—Vested no Present Estate. A widow owning certain premises, formerly her home, in another county entered into an “agreement for maintenance” by which she was to furnish the land for the joint use and occupancy of herself and a distant relative, G., she to have the right to use and make her home in the house during her life, he to occupy and cultivate the land, keep it in reasonable repair, pay the taxes, treat her kindly and provide for and maintain her in health and sickness in a comfortable manner, and in lieu of clothing to pay her $100 the first of each January. She covenanted that upon her death the agreement should stand for, convey and vest in G. the fee simple title as if a good warranty deed upon sufficient consideration had theretofore been made. She retained the option to terminate the contract upon the failure of G. to carry out his part thereof, in which case he .was to give her possession. Held, to be an agreement executory and testamentary in character, vesting no present estate.</p> <p>2. - Contractee—May Recover for Services and Expenses. Before the land could be occupied the widow died. G. had assisted for a few weeks in her care, and he brought her remains for burial to the neighborhood, where the land is located, paying the medical and funeral expenses. Held, that while he might recover from her estate for his services and expenses, his grantee is not entitled to the land.</p>