Maguire's Estate, In re, 45551
| Decision Date | 07 November 1970 |
| Docket Number | No. 45551,45551 |
| Citation | 206 Kan. 1,476 P.2d 618 |
| Parties | In the Matter of the ESTATE of John M. MAGUIRE, Deceased. Darlene Maguire SCARBROUGH, Appellant, v. Lillian Maguire McNUTT, Individually and as Administrator, c. t. a., d. b. n. of the Estate of John F. Maguire, Deceased, Jean I. Cecil, Kathleen I. Duncan, and William S. Green, Appellees. |
| Court | Kansas Supreme Court |
After our decision was handed down reversing the judgment of the district court, the appellees filed a motion for rehearing. This court granted the appellees' motion on April 12, 1970, but limited the rehearing to the following issue:
'Must a testamentary option granted two or more optionees be exercised jointly by all optionees?'
In all other respects the motion for rehearing was denied. Our action in granting a limited rehearing was influenced by the fact that, as pointed out in the appellees' motion, the precise question had not been researched or briefed by either party to the appeal, and we felt that opportunity to do so should be accorded.
The case was reargued on October 2, 1970, prior to which date the appellant filed a brief on rehearing. The appellees, however, filed no additional brief to assist the court, nor were they represented by counsel at oral argument.
After hearing from the appellant's counsel upon oral argument and studying her brief on rehearing, and after referring again to appellees' original brief and motion for rehearing, we adhere to our original decision, the gist of which, so far as the limited rehearing is concerned, was that an option granted to two or more optionees must be exercised by them jointly, in the absence of circumstances clearly indicating a contrary intention on the part of the optionor and, further, that no clear contrary intent was indicated in this case.
Inasmuch as syllabi 6 and 7 do not completely reflect the court's opinion on the question presented on rehearing, these syllabi are hereby modified to read as follows:
6. An option granted two or more optionees must be exercised by all optionees jointly, absent circumstances clearly indicating a contrary intent on the optionor's part.
7. The record is examined in an action contesting the validity of a testamentary provision granting the...
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