Stahl v. Stevenson

Citations

• 102 Kan. 844
• 171 P. 1167
• 1918 Kan. LEXIS 156

Syllabus

<p>OPINION DENYING A REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Oral Promise — To Leave Property to Heir — Not Within Statute of Frauds. The provision of the statute, of frauds requiring written evidence of a contract “for the sale of lands ... or any interest in or concerning them” (Gen. Stat. 1915, § 4889) does not apply to all contracts which in any way concern lands.</p> <p>2. Same — Former Ruling Adhered to. The former ruling, refusing to reverse' the judgment on account of the admission of evidence, adhered to.</p> <p>3. Same — To Leave Share of Property to Heir — Trust in Land Created by Implication of Law. Where an ancestor, for a valuable.consideration, orally promises that a descendant shall at his death receive the share of his estate indicated by the statute of descents and distributions, but dies leaving all his property to others by will, a court of equity may grant relief by impressing a trust upon the property in the hands of the beneficiaries of the will, which trust must be regarded as arising by implication of law, and therefore as not within the operation of the statute forbidding the creation of express trusts in real property otherwise than by writing.</p> <p>4. Same — To Leave Property to Heir — Statute Relating to Wills Does Not Apply.' A contract by which the obligor undertakes to make provision at his death for the obligee, although no present title to any property passes, is not required in order to be valid to be executed in accordance with the statute r'elating to wills.</p>