Kelly v. Kelly

I have not found myself prepared to agree with the conclusion of the majority that appellant was not es-topped from claiming any interest in his' mother’s estate, under the facts shown in the record. I think it was a question of fact as to whether, upon the death of Mrs. Kelly, the mother, that R.' E. Kelly had it in mind to waive all claims against his mother’s estate, and, he having asserted that he did waive such claim, he could not thereafter, if valuable and permanent improvements had been made on the land in reliance upon such waiver, assert any interest in the estate. Certainly he…