Henderson v. Belden

Citations

• 78 Kan. 121
• 95 P. 1055
• 1908 Kan. LEXIS 20

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Ejectment — Demurrer to Petition — Devisee—Unrecorded Will. In view of sections 24 and 29 of the' act relating to wills (Gen. Stat. 190Í, §§ 7961, 7966), the former providing that authenticated copies of wills executed and proved according to the laws of another state may be admitted to. record in the probate court of any county of this state where any property to which it relates is situated, and shall thereupon have the same validity as domestic wills, and the latter that no will shall be effectual to pass real or personal estate unless it shall have been duly admitted to probate or recorded as provided in said act, a petition in ejectment is demurrable which bases the plaintiff’s right to recover upon an allegation that real property in Kansas was devised to him by a will which had been duly admitted to probate in another state but is silent as to any record thereof having been made here.</p>