Riffe v. Walton

Citations

• 105 Kan. 227
• 182 P. 640
• 6 A.L.R. 549
• 1919 Kan. LEXIS 56

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Family Settlements op Estates — Favorites of the Law. Family settlements of estates are favorites of the law and, when fairly made, should not be disturbed by those who entered into them.</p> <p>2. Same — May Differ from Statute of Descents and Distributions. No rights of creditors being involved, it is competent for the widow and the heirs of an intestate to enter into an agreement for the distribution of an estate upon a plan different from that prescribed by the statute of descents and distributions.</p> <p>3. Same — Widow’s Share under the Settlement — Evidence—Findings. In the family settlement involved herein, no disposition or allotment was made of a certain tract of land in which the surviving widow owned -a one-half interest. She signed the partition agreement, but • did not execute a conveyance of her interest in the tract, and the claim was made and evidence offered tending to show that she orally agreed to accept certain properties as dower and in full satisfaction of her interest in the estate, including the unpartitioned tract, and also that by the use and enjoyment of these properties for years, as well as by certain acts and declarations, she was estopped to claim an interest in that tract. There was conflicting evidence on these questions, some of which was oral, and the trial court determined that the widow did not surrender nor agree to surrender her interest in the tract, and that she had not by any of her acts or declarations estopped herself to assert title to the tract. It is held that the decision of the trial court upon the disputed questions of fact is conclusive upon this court.</p>