Manhattan State Bank v. Haid

Citations

• 97 Kan. 297
• 155 P. 57
• 1916 Kan. LEXIS 286

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Interpretation—Power Vested in Executors — Equitable Conversion of Beal Estate into Personalty. The provisions of a will interpreted, and held that it did not confer on the executors naked power to sell real estate and distribute the proceeds to heirs who took title by descent,' but that on the death of the testatrix an equitable conversion of the real estate into personalty took place and title passed to the executors to enable them to carry out certain trusts created by the will.</p> <p>2. Same — Partition Agreement — Executor’s Deed to Wife of Executor Valid — Creditor’s Bill. In order to carry out a partition agreement among heirs the executors of the will referred to executed to the wife of one of them an executor’s deed purporting to convey a tract of land apportioned to the grantee’s husband by the partition agreement. It was believed a deed from the two executors would not be valid if one of them were named as grantee. The husband delivered the deed to his wife with the firm belief that it placed title to the land in her. The deed was duly recorded, and neither the husband nor wife was then indebted to any one. Some years later the husband became financially involved and one of his creditors now seeks to appropriate the land to the payment of a debt. Held, the husband is estopped to deny that the executor’s deed had the effect which it was designed to produce, and is estopped to claim the land under any title which he possessed at the time the deed was delivered, and that the creditor’s right to the land is no better than that of the debtor.</p>