Glover v. Fillmore

Decided May 10, 1913

Supreme Court of Kansas · decided 1913-05-10

OPINION ON REHEARING. HEADNOTE BY THE REPORTER. “Agreement for Maintenance” ■— Testamentary — Vests no Title. On rehearing the former opinion (88 Kan. 545) holding that the “agreement for maintenance” in controversy- is testamentary in character and vested no present title is adhered to.

Cited by 1 later decisions — most recently May 1973

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Reaffirmed · Decided 1913-05-10

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¶1The opinion of the court was delivered by

West, J.:

¶2A rehearing was granted in order to enable the plaintiff to present more fully his construction of the “Article of agreement for maintenance.” We have carefully considered the able and persuasive brief and argument of his counsel, but after reexamining the instrument in the light of all the authorities cited we are unable to reach the conclusion that Mrs. Patterson parted or intended to part with her title and ownership but are still convinced that she intended to and did retain the same and that the instrument made by her is testamentary in character.

¶3The former opinion therefore is adhered to.