McKinney v. Stewart
Supreme Court of Kansas
Mrror from Johnson County. This was an action in ejectment, brought by the defendant in error against the plaintiffs in error, to recover one-half of the'estate of F. M. McKinney, deceased, she beingthe mother, and they being brothers of the deceased. The cause was tried before the court, and judgment given for plaintiff below, defendant in error, and tbe case is brought here that the judgment may be reviewed.
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Mrror from Johnson County. This was an action in ejectment, brought by the defendant in error against the plaintiffs in error, to recover one-half of the'estate of F. M. McKinney, deceased, she beingthe mother, and they being brothers of the deceased. The cause was tried before the court, and judgment given for plaintiff below, defendant in error, and tbe case is brought here that the judgment may be reviewed. The opinion contains a fuller statement of the facts of the relationship of the parties. 1. The estate of dower still exists by statute of Kansas, although by act concerning “ descents…
1Opinion of the Court
By the Court,
Valentine, J.
One question only is involved in this case. On the 3d day of October, A. D., 1862, F. M. McKinney died, leaving a mother and two brothers, but no wife, children or father. It is admitted that the two brothers inherit one half of their deceased brothers estate, but whether the mother or the two brothers iuherit the other half of the estate is the question now presented for our consideration.
Descents and Distributions. Hnder section eighteen of the act relating to descents and distributions, [Comp. Laws, 470,] the father would have inherited the whole of his deceased…
2Cited by13 opinions
- Gardner v. AndersonSupreme Court of Kansas · 1924
- Johnson v. McArthurSupreme Court of Kansas · 1979
- Jackson v. LeeSupreme Court of Kansas · 1964
- Newby v. AndersonSupreme Court of Kansas · 1920
- Gordon v. MunnSupreme Court of Kansas · 1910
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