Ross v. Ross

Citations

• 111 Kan. 533
• 207 P. 786
• 1922 Kan. LEXIS 289

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Election by Conduct to Take Under Will. Under the settled rule that in order to constitute an election to take under a will the choice must be made clearly, unequivocally and understandingly, it is held that the record showed on the part of the plaintiff an election by conduct to take under the will of his deceased wife.</p> <p>2. Same — Evidence—Findings. The findings of fact held to be fairly supported by the evidence and to justify the result reached.</p> <p>3. Same — Estoppel—Inconsistency. Estoppel and inconsistency of conduct discussed and distinguished.</p>