State v. Bryan

Citations

• 105 Kan. 483
• 185 P. 25
• 1919 Kan. LEXIS 112

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. Will — Provision for Payment of Just Debts. The statement in a will that the testator desires, first, all his just debts paid, adds nothing to the will or to the liability of his estate for his debts.</p> <p>2. Insane Person — Cost and Expense of His Support — Effect of Finding of Probate Court. A judgment and finding of the probate court in 1902, at the time an insane person was committed „to the state hospital, to the effect that the insane person had no estate, and imposing the cost and expense of his support upon the state, is construed merely as a determination of the financial status 'of the insane person at that time, and as meaning that so long as the status remained the same his support should be charged to the state.</p> <p>3. Same — Expense for Support of Insane Person — How to be Paid• — ■ Construction of Statutes. Sections 6128, 6129, and 6130 of the General Statutes of 1915, providing that the expense for the support of a person adjudged to be insane shall be paid by the guardian out of his estate, “or by any person who by law is bound to provide for and support such person,” are construed as imposing a primary liability for such support upon the estate of the insane person, and authorizing the state to recover the per capita cost of his maintenance, care, and treatment, first, from his estate, if he have one; otherwise, from any person who by law is bound to provide for his support.</p>