Steinborn v. Steinborn

Citations

• 99 Kan. 359
• 161 P. 646

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Mistake—Will Corrected by Action — Settlement Between Heirs —Action to Enforce Settlement — Petition States Cause of Action. .A will by its literal terms left a tract of land owned by the testatrix undisposed of. After administration and final settlement certain of the heirs contracted with the others to pay them certain sums of money as soon as the former should obtain a clear title to the land, the latter to pay one-half the cost of getting a clear title. Pursuant to this contract a suit was brought to correct the will according to the testatrix’s alleged intention and so as to devise the land to the plaintiffs in such suit — the defendants here. The plaintiff herein made no defense to such suit and the defendants took a decree as prayed for and have ever since been in possession of the land, claiming title thereto, which the plaintiff herein concedes, and about two years before this action was begun paid $100 on his claim. Held, that the amended petition alleging the foregoing facts stated a cause of action and the demurrer thereto was wrongfully sustained.'</p> <p>2. Same — Correption of Will — Jurisdiction of District Court — Beneficiaries of Judgment Bound Thereby. Whether or not the court in the suit to correct the will rightfully decreed such correction, it had jurisdiction to decide the issues tendered by the plaintiffs therein, and having chosen this means of perfecting their title and accepted the benefits of the decree, they can not now be heard to assert its invalidity as against the plaintiff’s claim for the remainder of the amount which they contracted to pay him.</p>