Barry v. Barry
Supreme Court of Kansas
Error from Davis District Court. Action by plaintiff for partition of certain real property. All the estate for which partition was .asked was the property of one Abraham Barry at the time of his marriage with the defendant.
Read the full summary
Error from Davis District Court. Action by plaintiff for partition of certain real property. All the estate for which partition was .asked was the property of one Abraham Barry at the time of his marriage with the defendant. Said Abraham died without issue, in October 1873. By the last will and testament of said Abraham he devised all of his estate, real and personal, to the defendant (his widow,) and the plaintiff, (his nephew,) each to receive one-half, after payment of his debts. A part of the real property in question was a homestead, on which said testator and defendant resided at time…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only question in this case is, who owns the land in controversy, Marshall Barry, or Mary Ellen Barry? Originally Abraham Barry owned it, and whjle so owning it he married Mary Ellen Barry. Afterward, and on March 7th 1873, Abraham Barry made a will, and by said will devised one-half of all his real estate to his nephew, Marshall Barry. His wife, said Mary Ellen, neither assented nor dissented as to this will. On October 11th 1873, said Abraham died, without issue. Said will was duly probated. The widow, Mary Ellen, then refused to…
2Cited by11 opinions
- Taylor v. HallTexas Supreme Court · 1888
- Bacus v. BurnsSupreme Court of Oklahoma · 1915
- Noecker v. NoeckerSupreme Court of Kansas · 1903
- Vining v. WillisSupreme Court of Kansas · 1889
- Hill v. BuckholtsSupreme Court of Oklahoma · 1919
6 more not listed; retrieve them via the Exa API.