Weltsch v. Straub

Citations

• 74 Kan. 292
• 86 P. 148
• 1906 Kan. LEXIS 57

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Husband and Wipe — Conditional Gift — Death of one Joint Obligee. A sum of money was given by a man and his wife to one who had married their daughter, under an agreement that he might use it until they needed it, and if not demanded in their lifetime the money was to become the property of the son-in-law. The father-in-law died; and afterward the mother-in-law needed and demanded the money, but payment was refused. Held, that the death of the father-in-law did not convert the transaction into a gift, nor discharge the obligation to return the money to the mother-in-law upon demand. Under the contract she was entitled to reclaim the money and to bring an action for its recovery.</p>