Pentico v. Hays
Supreme Court of Kansas
Error from Rice district court; Jermain W. Brinckerhopp, judge. ■ STATEMENT. On June 13, 1889, Mary A. Smith owned eighty acres of land in Rice county, and had two children, Mrs. Ellen Pentico, who is one of the plaintiffs in error, and Pearly M. Smith, then a child between nine and ten years of age. Mrs. Smith made and acknowledged a deed on that day, purporting to convey to Pearly one forty-acre tract of the land.
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Error from Rice district court; Jermain W. Brinckerhopp, judge. ■ STATEMENT. On June 13, 1889, Mary A. Smith owned eighty acres of land in Rice county, and had two children, Mrs. Ellen Pentico, who is one of the plaintiffs in error, and Pearly M. Smith, then a child between nine and ten years of age. Mrs. Smith made and acknowledged a deed on that day, purporting to convey to Pearly one forty-acre tract of the land. The deed, after being immediately recorded, seems to have been kept in the possession of the mother, and never to have passed into the physical possession of the little daughter.…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Two principal questions are involved herein: (1) Was the instrument which was executed and acknowledged by Mrs. Smith in the form of a deed to Pearly from her, and which was recorded in the office of the register of deeds of the county wherein the land was situated, really a deed which conveyed a present interest in the land, or was it a will, designed- only to convey the land to Pearly after the death of her mother? The instrument was not drawn- in the form of, nor witnessed, as, a will, but in the form of a deed, although it was evidently…
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