Murray v. Murray

Citations

• 102 Kan. 184
• 170 P. 393
• 1918 Kan. LEXIS 1

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partition' — Deed by Wife — Husband’s Interest in Deceased Wife’s Land. A wife while living with her husband in this state deeded to her children certain land owned by her, the husband not joining. Shortly thereafter the wife died, and fourteen years later the surviving husband brought this action for partition, the land not having been the homestead of either, nor judicially sold, nor necessary for the payment of debts. No application was made by the husband to the probate court for allotment. Held, that he is entitled to maintain the action ■ (Gen. Stat. 1915, §§ 3831, 3850.)</p> <p>2. Same. The plaintiff’s allegation, that the wife was unduly influenced to make the deed, is immaterial, as she could not, whether unduly influenced or not, convey his interest in the land without his consent.</p> <p>3. Same — Husband’s Interest in Deceased Wife’s Land — Allotment by Probate Court. By virtue of sections 3831 and 3834 of the General Statutes of 1915 one-half in value of such land vested in the husband in fee simple upon the death of the wife, the allotment provided for in such sections being for the ascertainment merely and not for the vesting of such title.</p>