In re Estate of Burling

The opinion of the court was delivered by This is an appeal from a judgment setting aside an order of the
probate court of Reno County, which order vacated and set aside
its previous order appointing a trustee of property held in life
tenancy; and, reinstating, with modifications, the trust
originally ordered established. On June 29, 1946, S.P. Burling and Emma E. Burling, his wife,
entered into a written contract between themselves and with their
six children: two sons, W.W. Burling and Robert Burling, and four
daughters, Emma Stickley, Mattie Reed, Clara Belle Haworth and
Tiny Burling, whereby they agreed to give each child a quarter
section of land and not to make a will or otherwise dispose of
their property so as to deprive any of their children of an equal
share upon the death of the survivor. The contract further
provided that upon the death of either parent, the survivor would
have the use and income of all of the decedent's property until
the death of the survivor; that, "If the income from such
property be insufficient at any time to provide a comfortable
living for the survivor, such survivor shall have the right and
privilege of using so much of the principal thereof as may be
necessary to provide a comfortable living for herself or himself,
as the case may be, in a manner fitting to their station in
life." Each child agreed not to make any claim or demand upon the
estate of the decedent until after the death of the survivor, and
at that time each of the children would share equally in the
estate. Subsequently, and in conformity with the contract, S.P.
Burling and Emma E. Burling executed and delivered proper deeds
conveying to each child a quarter section of land.