Legal Opinion
Postlethwaite v. Edson
Supreme Court of Kansas
Decided March 9, 1918No. 21,131PublishedCited by 11 opinions
Appeal from Shawnee district court, division No. 2; George H. Whitcomb, judge.
1Opinion of the Court
The opinion of the court was delivered by
West. J.:
A rehearing was granted on the homestead question only, and for the third time this controversy has received somewhat unusual attention. (Postlethwaite v. Edson, 98 Kan. 444, 155 Pac. 802; Id. 102 Kan. 104.)
The right to will away real estate is not inherent, but is purely a creature of legislation. The legislature may give, and the legislature may take away.
“The legislature has plenary power to withhold or grant the right, and, if it grants it, may make its exercise subject to such regulations and requirements as it pleases.” (40 Cyc. 997.) , '
2Cases cited30 opinions
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Monroe v. May, Weil & Co.Supreme Court of Kansas · 1872
- Cross v. BensonSupreme Court of Kansas · 1904
- Weaver v. First National BankSupreme Court of Kansas · 1907
- Long v. MurphySupreme Court of Kansas · 1882
25 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lewis v. LewisSupreme Court of Kansas · 1919
- Estate of Dittemore v. DittemoreSupreme Court of Kansas · 1940
- Farmers Elevator Co. v. CaseySupreme Court of Kansas · 1943
- Hicks v. SageSupreme Court of Kansas · 1919
- Roberts v. McCoachSupreme Court of Kansas · 1937
6 more not listed; retrieve them via the Exa API.