Overly v. Angel

Citations

• 84 Kan. 259
• 113 P. 1041
• 1911 Kan. LEXIS 314

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contracts — Creation of a Trust by Will — Proof. Plaintiffs, who claimed to be the equitable owners of an estate, alleged and undertook to show that their uncle entered into an agreement with his wife that he would execute a will giving all his • property to her on condition that she would in turn leave the property to plaintiffs; that he had made the will in compliance with this agreement and had fastened a trust upon the property in favor of plaintiffs, but that the wife had failed to carry out the agreement on her part and had died without making a will. To sustain their contention it was necessary for plaintiffs to show by clear and convincing proof that the agreement was made and a trust created in their favor. The trial court found against their contention, and under all the testimony it is held that the finding must be approved.</p>