Wright v. Cummings

Citations

• 108 Kan. 667
• 196 P. 246
• 14 A.L.R. 604
• 1921 Kan. LEXIS 241

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Will — Forfeiture Clause — -Provision Against Contest — Validity—Forfeiture Clause Not Violated. A testator by his will devised to his children certain real estate with a provision that “should any beneficiary named herein, by means of a suit or otherwise, attempt to set this will aside, or otherwise interfere with the execution of the same as I leave it, such person so attempting shall have no part of my property, and the share which would otherwise go to such person shall be distributed equally among the remaining beneficiaries.” In an action against one of the devisees for partition brought by the other devisees it was alleged that in direct violation of the forfeiture clause of the will, the defendant presented in the probate court a claim for $600 against the estate; that it was allowed by the probate court and judgment rendered against the estate; that on appeal to the district court the claim was disallowed. The petition made no reference to the nature or character of the claim filed by the defendant against the estate. A demurrer to the petition was sustained. Held, that the act of the defendant in filing a claim against her father’s estate did not amount to a contest of the will or to a violation of the terms of the clause providing for forfeiture, and therefore the petition fails to state a cause of action.</p>