Abbott v. Perkins

Citations

• 90 Kan. 45
• 132 P. 1177
• 1913 Kan. LEXIS 157

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Deed-: — Conveys Life Estate — Without Power to Alienate or Encumber It. A deed recited .that the first parties, for and in consideration of love and affection for the second party, their daughter, and to furnish support for her, did sell a certain tract of land, describing it, “unto the said party of the second part for life and upon her decease unto her children should she die leaving issue absolutely and should she die leaving no issue then unto the heirs, of the party of the first part. The said land and premises to-be held by the said• Lydia Ann Abbott solely under and by virtue of these presents' without power to her to sell,, mortgage or convey any interest in the said premises, nor to sell or incumber her life interest therein.” Held, that the instrument conveyed only a life estate in the land without power in the grantee to alienate or encumber it; and held, further, that the provision restricting the power of the grantee to sell, mortgage or encumber the land is not inconsistent with the grant nor invalid because of repugnancy.</p>