Webster v. Toland

The opinion of the court was delivered by

Dawson, C. J.:

This was an action to set aside a family settlement, to cancel certain instruments executed pursuant thereto, and for equitable relief. Defendants’ demurrer to evidence was sustained, and plaintiffs appeal.

The controlling facts were these: The late Charles Toland, of Pratt county, died intestate on November 14, 1934, leaving a wife, Belle Toland, and two sons, Henry and Roy, and four daughters, Fannie, Eula, Mary and Ruth. All the children had grown up and all the daughters were married.

Although Charles could neither read nor write, he…