Shulsky v. Shulsky

Citations

• 98 Kan. 69
• 157 P. 407
• 1916 Kan. LEXIS 17

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Reference to Extrinsic Existing Deeds — Incorporated as Part of Will. If a properly executed will incorporates in itself, by reference, a deed not so executed, the deed so referred to, if it was in existence at the time of the execution of the will and is so accurately described therein as to assure its identity, takes effect as part of the will.</p> <p>2. Same — Will and Extrinsic Deeds — Constitute One Transaction — No Delivery of Deeds — Deeds and Will Subject to Revocation. A will devised to each of six children of the testator a specific tract of land, each devise followed by the words, “for which a deed has already been made.” At the same time the testator executed the six deeds referred to in the will, placed them in one envelope with the will, and handed the envelope to a banker with instructions to deliver the deeds at his death to the grantees, and to deposit the will in the probate court. Five years thereafter he took the papers from the bank, destroyed the will and some of the deeds, and made a new will and new deeds in place of those destroyed. He then placed the new will and the deeds in an envelope and handed them to the banker with the same directions as before. Held, that the deeds were parts of the will and testamentary in character; that the execution of the will and the deeds constitutes one transaction; that the intention of the testator was that the deeds should not operate until his death, and that, being parts of the will, they were subject to revocation.</p>