Osborn v. Osborn

Citations

• 102 Kan. 890
• 172 P. 23
• 1918 Kan. LEXIS 168

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Descents and Distributions — Widow’s Interest in Her Deceased Husband’s Real Estate. Section 3831 of the General Statutes of 1915, providing that under certain circumstances a widow shall be entitled to one-half in’value of real estate in which' her husband in. his lifetime had a legal or equitable interest, refers to, legal or equitable interest capable of inheritance, and does not apply to interests in land which were extinguished by the husband’s death. •</p> <p>2. Same — Widow No Interest in Husband’s Life Estate. A widow has no interest, under the statute, in lands purchased by her husband with his own funds and deeded to him “and at his death to his sons,” his interest being a life estate only.</p> <p>3. Same — Gift by Husband — Without Wife’s Consent. The rule stated in the decisions in the cases of Small v. Smaill, 56 Kan. 1, 42 Pac. 323, and Poole v. Poole, 96 Kan. 84, 150 Pac. 592, regarding the unlimited power of a husband to give away his money or personal property, although the intention or known effect be to deprive his wife of her statutory share should she survive him, followed.</p> <p>4. Same — “Colorable” Transaction by Husband. A colorable transaction is one presenting an appearance which does not correspond with the reality, and in the sense ordinarily contended'for, an appearance intended to conceal or to deceive.</p> <p>5. Same. Deeds of real estate conveying to a married man life estates and to his sons the remainders in fee, considered, and held not to be colorable.</p> <p>6. Same — Sale of Husband’s Land. — Proceeds Belong to Husband. Money paid a married man as the consideration, for a conveyance of his real estate, in which his wife joins, belongs to him, unless it be definitely agreed that a specific portion shall belong to her individually.</p> <p>7. Same — Action by Widow — No Actionable Contract Alleged. ' The petition considered, and held to contain no allegation of a contract whereby, in considerat