Holden v. Spier

Citations

• 65 Kan. 412
• 70 P. 348
• 1902 Kan. LEXIS 66

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Probate Oourt — Distribution of JSstates. The probate court, having jurisdiction to make settlement and distribution of a decedent’s estate, may determine the share of each distributee, and to that end can inquire into and determine the indebtedness of the distributee to the estate and order a deduction of the same from his share.</p> <p>2. - Set-off — Lapse of Time Immaterial. The equitable right to retain the debt of a distributee from his distributive share is not affected by the lapse of time, and the deduction of the debt should be made, although an action to recover - the same would be barred by the statute'of limitations.</p> <p>3. Accounts — No Particular Form Necessary. No particular iorm of keeping accounts is prescribed by law in order to make them admissible in evidence, and their admissibility is to be determined from their appearance and character, the employment and education of the one who kept them, the manner in which other and similar accounts were entered in the boob, and the circumstances of the case.</p>