Greiner v. Greiner

131 Kan. 760, 293 P. 759 (1930)

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Nature of the Case

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Facts

Peter Greiner died testate, leaving a widow, P, and sons and daughters. His sons Henry, Frank (D) and Nicholas, and his daughter Kate were disinherited with each being given five dollars apiece. Henry died in June 1925, unmarried and intestate, and P inherited considerable property from him. She then concluded to place the other two disinherited sons on an equal footing with those who had been favored in the will. P intended to give D and Nicholas land, about ninety acres apiece. Later, she entered into a written contract to pay Nicholas $2,000. D had homesteaded a quarter section of land in a different county and had lived there sixteen or seventeen years. P lived in different county than D, and the land she wanted to give to D was not far from her home. P had Nicholas write to D and tell D to come down, she was going to make settlement with him and Nicholas. When D arrived, P told D she was going to pay him and Nicholas. D told her he did not want money, he wanted a home--a little land for a home. P then told D she wanted him to move into the house, and they would divide up later. He said that would be all right, and he would move back. D moved back on September 20, 1926. P then determined to move the house from the quarter section to the eighty-acre tract, and give that specific tract to D. August Greiner, a son favored in the will testified he helped move the house from the quarter section to the eighty-acre tract, but he testified he never heard that P intended to give the eighty-acre tract to D. D moved from his homestead in Logan County to Mitchell County and lived in the house on that property. An action for forcible detention was commenced by P against D to recover possession of the land. The trial court ordered P to execute a deed and convey the land to D. P appealed.