Legal Opinion

Pearson v. Orcutt

Supreme Court of Kansas

Decided July 10, 1920No. 22,618PublishedCited by 6 opinions

Appeal from Shawnee district court, division No. 1; Robert D. Garver, judge.

1Opinion of the Court

The opinion of the court was delivered by

MASON, J.:

In this case (106 Kan. 610, 189 Pac. 160) this court decided that the will involved gave to the widow of the testator a life interest in his realty — a farm — coupled with a power of disposition which was not unlimited and did not enable her to make an outright gift of the entire property to the prejudice of the remaindermen.

1. In a motion for a rehearing it is argued that the deed to the farm was not a gift, although no money was actually paid at the time of its execution, but was made in consideration of a promise that the grantee — her…

2Cases cited13 opinions

  1. Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
  2. Terry v. . WigginsNew York Court of Appeals · 1872
  3. Markham v. WatermanSupreme Court of Kansas · 1919
  4. McNutt v. McCombSupreme Court of Kansas · 1899
  5. Brown v. BrownSupreme Court of Kansas · 1917

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3Cited by6 opinions

  1. Dyal v. BruntSupreme Court of Kansas · 1942
  2. Jackson v. HarrisCourt of Appeals for the Tenth Circuit · 1930
  3. Rosenberg v. BaumCourt of Appeals for the Tenth Circuit · 1946
  4. Farmers Bank & Capital Trust Company v. HuletteCourt of Appeals of Kentucky (pre-1976) · 1956
  5. Carlyle v. PeeSupreme Court of Kansas · 1928

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