Legal Opinion

Anderson v. Anderson

Supreme Court of Kansas

Decided January 5, 1907No. 14,842PublishedCited by 78 opinions

Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. Hilda Anderson brought suit for the specific performance of an alleged written contract between Neis Palmlund and Cecelia Palmlund, his wife, both deceased, and plaintiff’s parents, Pehr Anderson and Nella Anderson, by the terms of which the Palmlunds were to receive her into their home in all respects as their own child, and she was to be left all the property of which they died possessed.

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Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. Hilda Anderson brought suit for the specific performance of an alleged written contract between Neis Palmlund and Cecelia Palmlund, his wife, both deceased, and plaintiff’s parents, Pehr Anderson and Nella Anderson, by the terms of which the Palmlunds were to receive her into their home in all respects as their own child, and she was to be left all the property of which they died possessed. Upon issues joined the cause was tried to the court. A decree was rendered holding plaintiff entitled to specific performance, and to be…

1Opinion of the Court

*123The opinion of the court was delivered by

Porter, J.:

Whether equity will decree the specific performance of a contract rests entirely in judicial discretion, and always upon the facts of the particular case. (Hennessy v. Woolworth, 128 U. S. 438, 9 Sup. Ct. 109, 32 L. Ed. 500.) Before relief will be granted it must appear that good conscience and natural justice require it.

There is no rule of public policy which forbids the making of an agreement to dispose of property in a particular manner by will. (Edson v. Parsons, 155 N. Y. 555, 50 N. E. 265; Johnson v. Hubbell, 10 N. J. Eq. 332, 66 Am.…

2Cases cited20 opinions

  1. Edson v. . ParsonsNew York Court of Appeals · 1898
  2. Chapsky v. WoodSupreme Court of Kansas · 1881
  3. Winne v. . WinneNew York Court of Appeals · 1901
  4. Hennessy v. WoolworthSupreme Court of the United States · 1888
  5. Sharkey v. McDermottSupreme Court of Missouri · 1887

15 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. Bichel v. OliverSupreme Court of Kansas · 1908
  2. Lewis v. LewisSupreme Court of Kansas · 1919
  3. Nelson v. NelsonSupreme Court of Kansas · 2009
  4. Woltz v. First Trust Co.Supreme Court of Kansas · 1932
  5. Heery v. ReedSupreme Court of Kansas · 1909

73 more not listed; retrieve them via the Exa API.

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