Roseman v. Nienaber

Citations

• 100 Kan. 174
• 166 P. 491
• 1917 Kan. LEXIS 287

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Instruments — Deed, Written Agreement, and Will — Parts of Single Transaction. A deed from a father to a son, a written agreement on the part of the son to pay an annual sum to his father during his father’s lifetime, and a will of the father’s property, real and personal, to his son, providing, however, that the daughter should receive the sum of $2500, which was a part of the consideration for the deed, all the instruments having been executed at the same time and place, should be considered as parts of a single transaction.</p> <p>2. Deed — Consideration—Parol Evidence. Parol evidence as to the true consideration for the deed, as to the situation of the parties, and as to •the circumstances under which the instruments were executed, was admissible.</p> <p>3. Written Instruments — Created Obligation in Favor of Plaintiff. The written instruments construed in the light of the parol evidence, and held that the son was under an obligation to pay the daughter the sum of $2500 after their father’s death.</p>