Legal Opinion

Smith v. Hensen

Supreme Court of Kansas

Decided June 7, 1913No. 18,218PublishedCited by 9 opinions

Appeal from Greenwood district court. STATEMENT. The exact language of the will referred to in the opinion is as follows: “I, A. P. Harmon, of Neal, Greenwood county, Kansas, being of sound mind and memory do make this-my last will and testament. • “First, I direct my executor to pay my funeral expenses and all my just debts.

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Appeal from Greenwood district court. STATEMENT. The exact language of the will referred to in the opinion is as follows: “I, A. P. Harmon, of Neal, Greenwood county, Kansas, being of sound mind and memory do make this-my last will and testament. • “First, I direct my executor to pay my funeral expenses and all my just debts. “Second, I will and bequeath to my grandson, Benjamin I. Hensen, the sum of five hundred dollars, the same being money that he advanced to me and my late wife. “Third, That all the remainder and balance of my estate both real and personal be sold by my executor in such a…

1Opinion of the Court

The opinion of the court was delivered by

Mason, J.:

A. P. Harmon died November 15, 1909, owning certain real estate. His will, which was duly probated, directed that all his property should be sold by the executor in such manner as he should deem best, and that the proceeds should be divided equally between the testator’s sons and daughters. On March 12, 1910, there was filed in the district court an abstract of a judgment against Matilda Kester, one of the testator’s daughters, in favor of J. A. Smith, which had previously been rendered by a justice of the peace. Thereafter Matilda Kester and…

2Cases cited5 opinions

  1. Beaver v. RossSupreme Court of Iowa · 1908
  2. Eneberg v. CarterSupreme Court of Missouri · 1889
  3. Penalosa State Bank v. MurraySupreme Court of Kansas · 1912
  4. Ward v. BennerSupreme Court of Kansas · 1913
  5. Taylor v. Dunlap Stone & Lime Co.Supreme Court of Kansas · 1888

3Cited by9 opinions

  1. Blake-Curtis v. BlakeSupreme Court of Kansas · 1939
  2. Strom v. WoodSupreme Court of Kansas · 1917
  3. Manhattan State Bank v. HaidSupreme Court of Kansas · 1916
  4. Greenman v. McVeySupreme Court of Minnesota · 1914
  5. Schneider v. SchneiderSupreme Court of Kansas · 1932

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