Hanson v. Hanson
Supreme Court of Kansas
Appeal from Brown district court; William I. Stuart, judge. STATEMENT. Noah Hanson died in the year 1899, leaving a will by which he devised his real estate to his son Oscar, and bequeathed money to his other children, but gave nothing to his wife, who, however, consented to the will in writing, executed in the presence of two witnesses. The will was admitted to probate, but the widow was not required to, and did not, elect whether to take under the law or under the will.
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Appeal from Brown district court; William I. Stuart, judge. STATEMENT. Noah Hanson died in the year 1899, leaving a will by which he devised his real estate to his son Oscar, and bequeathed money to his other children, but gave nothing to his wife, who, however, consented to the will in writing, executed in the presence of two witnesses. The will was admitted to probate, but the widow was not required to, and did not, elect whether to take under the law or under the will. She died intestate in the year 1907'. The parties to this action are all children or grandchildren of the testator and his…
1Opinion of the Court
*307The opinion of the court was delivered by
Benson, J.:
The plaintiffs contend: (1) That the husband could not, even with the wife’s consent, devise or bequeath away from her more than one-half of his property; (2) that, in the absence of a citation and election .to take under the will, she took one-half under the law; (3) that the consent was void because it; did not appear that she had any knowledge of the kind and value of her husband’s property; and (4) that the probate court was without jurisdiction to admit the will to probate in the absence of notice to the heirs and others interested.
The…
2Cases cited4 opinions
- Noecker v. NoeckerSupreme Court of Kansas · 1903
- Barry v. BarrySupreme Court of Kansas · 1875
- Bethany Hospital Co. v. HaleSupreme Court of Kansas · 1904
- Wright v. YoungSupreme Court of Kansas · 1907
3Cited by7 opinions
- Aten v. TobiasSupreme Court of Kansas · 1923
- Weisner v. WeisnerSupreme Court of Kansas · 1913
- Chilson v. RogersSupreme Court of Kansas · 1914
- Younger v. Estate of YoungerSupreme Court of Kansas · 1967
- Hoover v. HooverSupreme Court of Kansas · 1942
2 more not listed; retrieve them via the Exa API.