In re Estate of Teeter

The opinion of the court was delivered by This is an appeal from an order of the trial court sustaining,
on jurisdictional grounds, motions to dismiss the petitions of
two heirs of decedent's estate to enforce specific performance of
a postnuptial contract entered into by decedent and his deceased
wife. Appellants, C.H. and R.S. Teeter, hereinafter referred to as
petitioners, filed separate petitions in the probate court which
are, for all purposes, identical, alleging that their father,
Frank Teeter, died intestate September 16, 1956; that appellee
C.G. Baalman was appointed administrator of the estate; that the
sole and only heirs at law of decedent at the time of death were
his two sons, the petitioners herein, and six daughters,
appellees Fern Miller, Dorothy Van Marter and Bertha Nowka, and
Alice Johnson, Evelyn M. Chapman and Bessie Meyer; that at the
time of his death Frank Teeter owned certain real and personal
property, as shown by the inventory and appraisal on file in the
estate; that Mary M. Teeter, wife of decedent, died February 16,
1935, but prior thereto she and her husband, Frank, entered into
a written postnuptial agreement dated January 30, 1926, and duly
recorded February 1,
[184 Kan. 568]