Oliver v. Sample

Citations

• 72 Kan. 582
• 84 P. 138
• 1906 Kan. LEXIS 359

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership — Husband and Wife — Real-estate Transactions — Oral Trust. Where a man conveys land to his wife by warranty deed, knowing that certain creditors are threatening suit on a promissory note, and he expects that they will come upon him for the debt, for which he is surety, and such deed is recorded, and thereafter he and his wife sell the land, and she informs the purchaser in the presence of her husband that she holds the title, and demands and receives the entire consideration therefor and deposits the same in a bank in her own name, and refuses on her husband’s request to allow any portion thereof to be deposited in his name, to which he acquiesces after protesting, and thereafter the husband verbally contracts for the purchase of another tract of land, and she takes the deed thereto in her own name and pays therefor in full by a check on the funds deposited by her as aforesaid, she is the owner of the last-purchased land, although she at some time agreed verbally to hold it in trust for her husband.</p> <p>2. Descents and Distributions — Property of Wife. If such wife subsequently dies intestate, and leaves as her only heirs her husband and several grandchildren, the offspring of her daughter by a former marriage, the surviving husband inherits a one-half interest in the land and the grandchildren the other one-half interest.</p> <p>3. Homestead — Remarriage of Husband — Partition. If, after the death of his wife, the husband again marries, and with his wife occupies the land referred to in the preceding paragraph as a home, he thereby acquires no homestead right to the land that will prevent the grandchildren from maintaining a suit for the partition thereof.</p>