Pirtle v. Pirtle
Supreme Court of Kansas
Appeal from Butler district court. STATEMENT. The plaintiff brought suit to set aside her consent to her husband’s will given in writing at the time the will was executed.
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Appeal from Butler district court. STATEMENT. The plaintiff brought suit to set aside her consent to her husband’s will given in writing at the time the will was executed. The petition alleged that the testator left personal property worth $20,000, a quarter section of land occupied as .a homestead and worth $10,000, and a section of land worth $15,000. The will gave the plaintiff all the testator’s household goods and furniture, the homestead for life, subject to an annual charge of $100, and after the payment of debts and a legacy of $1000, gave her an equal share of the personal property…
1Opinion of the Court
The opinion of the court was delivered by
Bürch, J.:
The argument in support of the chief assignment of error depends upon a view of the evidence which the trial court refused to adopt. The controlling testimony was given orally and was conflicting. The trier of the facts has found the facts. The findings are abundantly sustained by the evidence. For nearly fifty years the court has uniformly held in such cases that the findings are conclusive on appeal. The rule will be adhered to in this case.
It is said that the plaintiff’s written consent to her husband’s will was not binding upon her…
2Cases cited3 opinions
- Sill v. SillSupreme Court of Kansas · 1884
- Reville v. DubachSupreme Court of Kansas · 1899
- Cook v. LawsonSupreme Court of Kansas · 1901
3Cited by9 opinions
- Board of Regents v. EllisSupreme Court of Kansas · 1949
- Weisner v. WeisnerSupreme Court of Kansas · 1913
- Chilson v. RogersSupreme Court of Kansas · 1914
- Carlyle v. PeeSupreme Court of Kansas · 1928
- Ross v. RossSupreme Court of Kansas · 1922
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