Brookens v. Brookens

Citations

• 107 Kan. 140
• 190 P. 754
• 1920 Kan. LEXIS 30

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Description of Land — '-Identification Reasonably Certain. A description of land devised in a will giving the ownership and location of it in general terms, which point with reasonable certainty to its identity, is sufficient.</p> <p>2. Same — -Income of Land. Devised to Unmarried Daughters — No Partition so Long as Either Daughter Remains Unmarried. The testator provided in his will that the rents and profits of a certain farm should be given to his two unmarried daughters so long as either of them should remain unmarried, or the farm remain unsold, and, subject to this use given to the daughters, all his property was given to his ■ children in equal shares. Some of the children brought this action to obtain a partition of the farm while one of the daughters was unmarried and claiming the rents and profits of the farm. Held, that there can be no partition of the farm while the daughter is unmarried, without her consent.</p>