Jack v. Hooker

Citations

• 71 Kan. 652
• 81 P. 203
• 1905 Kan. LEXIS 203

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Husband, and Wife. A husband or wife may bequeath away from the other more than one-half of his or her property, if the other spouse gives consent, in writing, executed in the presence of two witnesses.</p> <p>2. -Form of the Writing. The form or name of the writing giving consent is not important, providing it sufficiently shows that the one consenting agrees to accept the provision made in the will in place of the share which the statute would give, and that it is duly witnessed.</p> <p>3. --- Witnesses Need Not Subscribe. It is not' necessary that the witnesses subscribe their names to the writing; it is enough that it is executed in their presence.</p> <p>4. - Construction of Several Instruments. When a will, lease and deed are made about the same time, and appear to be parts of one transaction, the court may consider all of them, and the circumstances under which they were executed, in interpreting the deed and in determining the purpose that it was intended to accomplish.</p> <p>5. - Valid Consent Given. So interpreted, a deed executed by the wife to the daughter in the present case is held to be a valid consent to the provisions of a will in which the wife was given a life-estate in land, but which was ultimately to belong absolutely to the daughter.</p>