Smith v. McHenry

Citations

• 111 Kan. 659
• 207 P. 1108
• 1922 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Setting Aside Conveyance — Fraud and Undue Influence — Insufficient Evidence. Although a deed based upon a valuable consideration, as well as a mere gift, may be set aside under some circumstances because of the relations of the parties, where no further showing of fraud or undue influence has been made, and no proof of fair dealing has been supplied, it' is held that in the present case the evidence does not support a finding that the contract in question was procured by fraud or undue influence.</p> <p>2. Contract — Agreement to Give or Convey Land — Consideration Support During Life. A writing by which the owner of land, in consideration of the other party thereto supporting her during her life, agreed to give and convey it to him “either by last will and testament, or in lieu thereof, this instrument to operate in all respects as a good and sufficient conveyance,” is held, even if not operative as either a deed or a will, to be effective as a contract that he should have the land at her death.</p> <p>3. Same — Substantial Performance by Grantee. The fact that after the execution of the contract described in the foregoing paragraph the grantor allowed a will she had previously executed, which devised to the grantee the land in question and other property, to remain until her death unrevoked and unchanged shows an acceptance on her part of his performance of his agreement to support her. The performance of other agreements on his part is held to have been sufficiently excused.</p> <p>SYLLABUS BY THE COURT.</p> <p>Contract — Conveyance of Land — Consideration Maintenance of Grantor During Dife — Contract Valid. The fact that one has made a binding contract to leave to another all the property remaining to him at his death does not prevent his making a later valid contract that a tract of land then owned by him shall upon his death go to a different person in consideration of his caring for him during the rest of his life. The fir