Atchison Topeka & Santa Fe Railway Co. v. Davenport
Supreme Court of Kansas
Error from Franklin district court; Samuel A. Riggs, judge. STATEMENT. This was an action brought by the above-named defendants in error as executors and trustees of the last will and testament of John Davenport, deceased, against the above-named plaintiff in error for damages alleged to have been sustained by them on account of the filling up of a certain trestle or wooden bridge in the line of its railroad where the same crosses a low place or depression on the land…
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Error from Franklin district court; Samuel A. Riggs, judge. STATEMENT. This was an action brought by the above-named defendants in error as executors and trustees of the last will and testament of John Davenport, deceased, against the above-named plaintiff in error for damages alleged to have been sustained by them on account of the filling up of a certain trestle or wooden bridge in the line of its railroad where the same crosses a low place or depression on the land described in the petition, and also for damages accruing to them by reason of constructing a drain through the railroad…
1Opinion of the Court
The opinion of the court was delivered by
Ellis, J.:
Under the will of John Davenport, the lands of which he died seized and possessed in Kansas were not specifically devised to his executors and testamentary trustees, still we think the powers contained in the will and the duties imposed thereunder were' equivalent in law to a devise for the uses and purposes therein named.
As to the real estate situated in this state, such will would not affect the rights of his widow thereto, unless she consented to such will in writing, or *215elected to take under it after the decease of her husband. There was…
2Cases cited10 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Grassmeyer v. BeesonTexas Supreme Court · 1857
- Anderson v. GrayIllinois Supreme Court · 1890
- Bird v. LisbrosCalifornia Supreme Court · 1858
- Kansas Central Railroad v. Board of CommissionersSupreme Court of Kansas · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. WynkoopSupreme Court of Kansas · 1906
- Hukle v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1905