[Download] "In re Estate of Davis" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: In re Estate of Davis
- Author : Supreme Court of Kansas
- Release Date : January 10, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by This is a case wherein Betty Davis, second wife and widow of
Herbert L. Davis, deceased, appeals from a judgment of the
district court of Harper county, Kansas, affirming orders of the
probate court of that county and allowing the claim of Ida
Georgia Davis, the first wife of the decedent, acquiesced in by
her daughters, Ellenor Atkinson and Mary Jean Steward, for
specific performance of a postnuptial contract between the
decedent and his first wife along with a supplemental contract
between the same parties and an accounting for rents from real
estate. Involved also is a cross-appeal from an order of the
district court disallowing a claim made by Ida Georgia Davis
under the provisions of G.S. 1949, 59-1504, for an allowance of
attorneys fees incurred by her in the institution and prosecution
of the proceeding. In a preliminary way it can be said Ida Georgia Davis
instituted the proceeding in probate court by the filing of a
petition wherein she sought the relief heretofore indicated but
that due to the fact her two daughters by answer admitted all the
allegations of her petition and adopted its averments and asked
for the relief therein claimed the contest in both the probate
and district courts was between the petitioner and the daughters
on the one hand and the respondent, Betty Davis, on the other.
For that reason, in the interest of brevity, except when
otherwise specifically indicated, the term "claimants" as
hereinafter used in this opinion has reference to the mother and
the two daughters and the term "respondent" to Betty Davis.