Pearson v. Orcutt

Citations

• 107 Kan. 305
• 191 P. 286
• 1920 Kan. LEXIS 64

Syllabus

<p>OPINION DENYING A REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Deed — Want of Consideration — A Gift. A contention that a deed was based upon a valuable consideration is held to be untenable because' of a specific finding against it.</p> <p>2. Same — Former Decision Distinguished. A decision contrary to that reached is held not to be required by former rulings.</p> <p>3. Same — Interpretation of Will — Effect of Former Decisions of This Court. The fact that a will was drawn and the testator died after a decision had been made by this court announcing a rule of interpretation applicable thereto, and before the rendition of another decision assumed to be in conflict therewith, is not a sufficient reason for following the rule first announced rather than the later one. If the second decision is regarded as overruling the first, the accepted theory is that the first was wrong — not that a change had taken place in the law. The earlier rendition of an erroneous decision could not affect the matter unless in a situation where it might have a bearing upon the testator’s actual intention.</p>