McKelvey v. McKelvey

Citations

• 83 Kan. 246
• 111 P. 180
• 1910 Kan. LEXIS 513

Syllabus

<p>SYLLAEUS BY THE COURT.</p> <p>1. Partition — Compensation for Improvements Made by a Co-tenant. Where an owner of land fraudulently transferred a tract to his son for the purpose of defeating his wife from obtaining a widow’s statutory share therein at his death, and where after his death it was determined in a trial of title that the transfers were void and that his widow was entitled to one-half of the land, the son is not entitled to an allowance in a partition proceeding for improvements made upon the land before his father’s death and while he was engaged in ,- the attempt to defraud the widow.</p> <p>2. - Same. It is competent for a court in making parti- . tion of land among cotenants to award compensation for lasting and valuable improvements which enhanced the value of the land arid were made in good faith by one of the cotenlants.</p>