"FINDINGS
OF FACT.
"(1)
Plaintiff was born in Sweden in the year 1865, and is a
daughter of Pehr Anderson, one of the defendants herein, and
his wife, Nella Anderson, and said Pehr Anderson and his
codefendants, Nels Anderson, Magnus Anderson and Nellie
Mathison, are full brothers and sisters of Cecelia Palmlund
and are her only heirs at law, except defendants Edna
Freeland, Hattie Linden and Carrie Linden, whose rights have
been heretofore determined in this action.
"(2)
Said Cecelia Palmlund and her husband, Nels Palmlund, were
born in Sweden and continued to reside there until the year
1868, when they moved to Topeka, Kan., where they resided
until their deaths. The said Nels and Magnus Anderson and
Nellie Mathison came to this country from Sweden about the
same time and prior to 1870; Nels and Magnus Anderson settled
in Osage county, and Nellie Mathison in Leavenworth, and she
moved to Topeka in about the year 1881.
"(3)
Plaintiff was born in Sweden about three years before said
Nels and Cecelia Palmlund left Sweden, they acting as
God-father and God-mother to said plaintiff when she was
christened, when she was given Mrs. Palmlund's name
'Cecelia,' and were much attached to plaintiff from
her early childhood. She was the second child, having one
sister by the name of Ellen, and a brother by the name of
August.
"(4)
In the fall of 1872, and prior to the bringing of said
plaintiff to this country, said Nels and Cecelia Palmlund
made and entered into a written contract with Pehr Anderson
and Nella Anderson, the parents of plaintiff, whereby said
parents agreed to part with plaintiff as their own child, and
give her over to Nels and Cecelia Palmlund, promising and
agreeing that if the parents of said plaintiff would send her
from Sweden to Topeka, Kan., to live with them and become
their child, they would receive her into their own home as
their own child, would treat her in all respects as if she
had been naturally born to them, rear, nurture and care for
her and have her custody and services as their own child, and
at their death give her all the property they died possessed
of.
"(5)
The aforesaid contract and agreement, entered into between
Pehr Anderson and Nella Anderson, the parents of plaintiff
of the one part, and said Nels Palmlund and Cecelia Palmlund
of the other part, was in writing, and was evidenced by
various letters and correspondence which passed between said
Nels and Cecelia Palmlund and said Pehr and Nella Anderson,
parents of plaintiff, prior to the time plaintiff was sent to
Topeka, all of which letters were lost or destroyed long
since.
"(6)
Said plaintiff resided in Sweden with her parents until in
the month of May, 1873, when she was by her parents delivered
into the hands of one Martin J. Smith, a nephew of the
Palmlunds, a native of Sweden, who was then returning from
Sweden to this country, with instruction to him from
plaintiff's parents to deliver said child to Nels
Palmlund and Cecelia Palmlund, his wife, in Topeka, Kan. Said
Martin J. Smith, while in Sweden, was provided with money by
said Nels Palmlund and Cecelia Palmlund with which to pay for
the transportation and expenses of the plaintiff to this
country, and did bring plaintiff to Topeka, Kan., and deliver
her, as instructed, to said Nels and Cecelia Palmlund, on May
25, 1873.
"(7)
The name given said child, the plaintiff, by her natural
parents, and by which she was christened and always known in
Sweden, was Cecelia Anderson, and she always went by that
name until she entered the home of Nels and Cecelia Palmlund
in May, 1873, at which time her name was at once changed by
Nels and Cecelia Palmlund to Hilda Palmlund, by which name
she was always known and called in the home of the Palmlunds,
in school and in this city and community until she was
married in August, 1886, and the relation of parents and
child continued in all respects between said Nels and Cecelia
Palmlund and plaintiff at all times.
"(8)
Plaintiff lived continuously and uninterruptedly and in the
home of said Nels and Cecelia Palmlund from May 25, 1873,
until her said marriage in August, 1886, and during all of
said time she was an affectionate and obedient child,
assisting in the general housework, milking the family cow,
doing chores and discharging all the duties which an obedient
child owes to its parents. The said Palmlunds held her out in
the community and treated her in every respect as their own
child, and plaintiff at all times addressed and treated them
as her own parents. The plaintiff received in return the same
care and affection which she would have been entitled to had
the Palmlunds been her own parents, and she was taught to
call Mr. Palmlund "father" and Mrs. Palmlund
"mother," and did so call them.
"(9)
When plaintiff was about 17 or 18 years old, at the
suggestion of said Nels and Cecelia Palmlund, she learned and
worked at dressmaking, and for a time while working at
dressmaking (the evidence does not show how long) part of her
earnings went for her clothes, and a part was given to Mrs.
Palmlund, but plaintiff was not treated by the Palmlunds as a
'boarder,' or as one not a member of the family, and
no account was kept of such earnings by them or by plaintiff.
"(10)
After plaintiff was taken into the home of said Palmlunds her
natural parents never in any manner exercised or attempted to
exercise any care or control over her, nor had the custody of
her at any time, nor in any manner contributed to her support
or education. After plaintiff's natural parents came to
Topeka to live plaintiff occasionally visited them, but never
made her home with them, and she continued to reside with and
make her home at the Palmlunds.
"(11)
In the year 1886 plaintiff, when she was more than twenty-one
years of age, was married, with the full consent of said Nels
and Cecelia Palmlund, to her husband, Peter Anderson, with
whom she now lives with her children. The evidence shows that
the probate judge of Shawnee county wrote plaintiff's
name in her marriage certificate as Cecelia Hilda Anderson.
"(12)
Said contract and agreement, made and entered into between
the parents of plaintiff and the said Nels and Cecelia
Palmlund, has been fully and completely performed by the
plaintiff and her parents, Pehr Anderson and Nella Anderson.
"(13)
Said Nels Palmlund died testate on the 8th day of August,
1901, leaving all of his property by his will, which was duly
probated, to his wife, Cecelia Palmlund; and said Cecelia
Palmlund died intestate on the 24th day of February, 1903,
leaving the property described in the pleadings filed in this
action.
"(14)
That one child was born to said Nels and Cecelia Palmlund,
which died in infancy, several years before plaintiff came to
this country, and one of the considerations which moved them
to enter into the contract hereinbefore stated was their
childless state when plaintiff came to them, and their
promise and intention, often expressed, was to legally adopt
plaintiff and make her their heir.
"(15)
At the time this action was commenced Mrs. J. C. Morrison was
the duly appointed, qualified and acting administratrix of
the estate of Cecelia Palmlund, deceased, since which time
she has resigned and been finally discharged as
administratrix, and by and with the consent of all parties to
this suit H. G. Larimer was then duly appointed and has
qualified, and is now the duly acting administrator of said
estate, and has been substituted as a defendant herein as
administrator of said estate in lieu of said Mrs. J. C.
Morrison, formerly administratrix as aforesaid.
"(16)
That after plaintiff's marriage she continued to live in
the city of Topeka, and made frequent visits to the home of
said Nels and Cecelia Palmlund, looking after their comfort
and performing such offices of love and affection as a child
naturally would toward its parents.
"(17)
During the winter of 1870-1871 Nels Anderson, Jr., a son of
Nels Anderson, lived at the Palmlunds, and did chores for his
board, and attended school. In 1885-1886 Anna Benton, a
daughter of Magnus Anderson, also boarded at the Palmlunds
and went to school, but there is no evidence to show the
arrangement under which she lived there.
"(18)
At the time plaintiff was brought to the home of the
Palmlunds and prior thereto there was talk by plaintiff's
natural parents and by the Palmlunds about the adoption of
the plaintiff by the Palmlunds; but no adoption was ever had
under the statutes of this state.
"(19)
That subsequent to the arrival of plaintiff in this country
Nellie Mathison paid the expenses of plaintiff's sister
and brother to this country, and, in 1881, Nels Palmlund
advanced expense money for plaintiff's father to come to
this...
