Rust v. Rutherford

Citations

• 101 Kan. 495
• 167 P. 1056
• 1917 Kan. LEXIS 127

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Administrator’s Deed — Prima Facie Evidence of Regularity. Under the statute making an administrator’s deed, executed by order of the probate court, presumptive evidence that the “administrator in all respects observed the directions and complied with the requisites of the law” (Gen. Stat. 1915, §4617), such a deed is prima facie evidence that the court’ made an order, which was complied with, requiring the giving of a notice of the hearing of the application for an order of sale, and that in all respects the proceedings on which the deed was based were regular.</p> <p>2. Deed — Death of Grantor — Insufficient Evidence of Delivery. Evidence that the owner of real estate signed and acknowledged a deed thereto purporting to take effect at her death, which she retained in her possession for about three years and then, two weeks before she died, gave to a custodian with other papers, in a sealed envelope, with the ' request that he put them in his safe, giving him no other instructions and no information as to the character of the contents of the envelope, does not establish a delivery of the deed.</p>