Burns v. Drake

The opinion of the court was delivered by

Hoch, J.:

This was an action for specific performance of an alleged oral contract to convey certain real property “by deed or will.” A demurrer to the petition was sustained and the plaintiff appeals. The principal question presented is whether the action was barred by the nonclaim statute, G. S. 1941 Supp., 59-2239.

S. B. Drake, a resident of Scott county, Kansas, died intestate on May 8, 1941. Ansel Drake, one of his two sons — who, it is averred, constituted the sole heirs at law — was appointed administrator, and the first notice of the appointment…