Legal Opinion

Holmes v. Holmes

Supreme Court of Kansas

Decided January 7, 1905No. 13,902PublishedCited by 3 opinions

Error from Franklin district court; Charles A. Smart, judge.

1Per curiam

In 1876 a tract of land was conveyed to George C. Holmes and Susan M. Holmes, who were then husband and wife. In 1896, after the act abolishing survivorship had been passed, Susan M Holmes died, leaving George C. Holmes surviving her, and the question has arisen whether the heirs of Susan M. Holmes inherited any interest in the land.

It is well settled that until the passage of the act abolishing survivorship estates in entirety, as recognized at the common law, existed in Kansas. (Baker v. Stewart, 40 Kan. 442, 19 Pac. 904, 2 L. R. A. 434, 10 Am. St. Rep. 213; Shinn v. Shinn, 42 id. 1, 21…

2Cases cited6 opinions

  1. Zorntlein v. . BramNew York Court of Appeals · 1885
  2. Baker v. StewartSupreme Court of Kansas · 1888
  3. Elliott v. NicholsCourt of Appeals of Kentucky · 1868
  4. Stewart v. ThomasSupreme Court of Kansas · 1902
  5. Pease v. Inhabitants of WhitmanMassachusetts Supreme Judicial Court · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In Re Estate of FosterSupreme Court of Kansas · 1958
  2. Davis' Administrator v. Union Pacific Railway Co.Supreme Court of Kansas · 1970
  3. Best v. TatumSupreme Court of Kansas · 1908

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