Meador v. Manlove

Citations

• 97 Kan. 706
• 156 P. 731
• 1916 Kan. LEXIS 383

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — To Declare Trust in Land in Another State. Where a court of general jurisdiction has secured jurisdiction of the parties who hold the legal title to land in another state, it may render a judgment to impress a trust as to such land and order the trustees to execute a conveyance thereof; and the possible difficulties which may attend the enforcement of its judgment do not in any wise abridge its jurisdiction.</p> <p>2. Nonresident Dependants — Voluntary General Appearance. Where defendants who have been summoned personally and defendants who have been summoned, by publication service join in a pleading or motion raising questions of law and questions of fact involved in the general issue of a cause, a general appearance is thereby entered by all the defendants.</p> <p>3. Oral Agreement to Will Property — “Heirs” to be Benefited. Where a husband and wife agree to make wills of all their respective properties in each other’s favor upon condition that the survivor of the two shall make a new will after the death of the first bequeathing the property received by such a will to the heirs of the deceased spouse, the heirs intended to be benefited thereby are the next of kin who would take under the statute of descents and distributions.</p> <p>4. Same — Statute of Frauds — Statute of Trusts and Powers. Neither the statute of frauds nor the statute of trusts and powers is a bar to the enforcement of an oral agreement to make a will when it has been fully performed by one of the parties, following the rule announced in Gemmel v. Fletcher, 76 Kan. 577, 92 Pac. 713, and Smith v. Cameron, 92 Kan. 652, 141 Pac. 596.</p> <p>5. Evidence — Interest of Witness — No Disqualification. There is no disqualification of witnesses in this state merely because such witnesses are directly or indirectly interested in the outcome of a lawsuit, but their interest may be shown as affecting their credibility. (Civ. Code, § 317.)</p> <p>6. Practic