Johnson v. White
Supreme Court of Kansas
Error from Washington district court; William T. Dillon, judge. STATEMENT. On and prior to March 9, 1894, Eleanora Johnson owned and occupied eighty aches of land in the state of Nebraska. She was a widow, about sixty-eight years of age. At this date she had a son and a daughter, residing in Washington county, Kansas, who are the plaintiffs in error. Defendant in error John Nelson is her brother. The other defendants in error, except William White, are her grandchildren.
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Error from Washington district court; William T. Dillon, judge. STATEMENT. On and prior to March 9, 1894, Eleanora Johnson owned and occupied eighty aches of land in the state of Nebraska. She was a widow, about sixty-eight years of age. At this date she had a son and a daughter, residing in Washington county, Kansas, who are the plaintiffs in error. Defendant in error John Nelson is her brother. The other defendants in error, except William White, are her grandchildren. On the date above mentioned she made a will, whereby she bequeathed to her brother and to her children the sum of five…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
It is urged by the plaintiffs in error that the only provision in the will under which William White can claim the Kansas land is in the residuary clause thereof, which is denominated paragraph 8. This clause is claimed to be insufficient, because the land was acquired after the will was executed. Under the common law a will did not affect after-acquired real estate. That rule, however, has been changed in *163this state by section 7991 of the General Statutes of 1901, which reads:
“Any estate or interest in lands or personal estate or other…
2Cases cited1 opinion
- Durboraw v. DurborawSupreme Court of Kansas · 1903
3Cited by13 opinions
- Zabel v. StewartSupreme Court of Kansas · 1941
- Springer v. SchnackSupreme Court of Kansas · 1942
- Daily v. MooreSupreme Court of Kansas · 1944
- Giese v. SmithSupreme Court of Kansas · 1965
- Billings v. DeputyIndiana Court of Appeals · 1925
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