Brown v. Paul

Citations

• 100 Kan. 319
• 164 P. 288
• 1917 Kan. LEXIS 318

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highway — No Notice of View to Life Tenant — Proceedings Void. Certain land was taken for a highway, no notice of the view being served on the wife, a joint life tenant, who lived in the county, and no notice in fact to or waived by her. Held, that as to her the proceedings were void. (Gen. Stat. 1915, § 8759.)</p> <p>2. Deed — To Heirs Apparent — Conveys No Vested Interest or Remainder in Land. A warranty deed was made to a son of the grantors subject to the conditions that “The above described premises to belong to the said Ira H. Kasbeer during his life and to his wife jointly if he should marry and while she remains his wife, or his widow, and in case he dies and leaves no issue and his widow should marry again, then the title to the said premises shall vest in the legal heirs of the said Ira H. Kasbeer, excepting the said widow so marrying, with the appurtenances, and all the estate, title and interest of the said parties of the first part therein.” He married one of the plaintiffs and to them were born the others and they are all living. Subsequently the original grantors quitclaimed to the son all their right, title and interest in the land “to him during his life and to the heirs of his body, . . . to have and to 'hold . . . unto the said party of the second part,' his heirs and assigns for ever.” Held, that the children are mere heirs apparent with no vested interest or remainder, but the wife is joint tenant for life during wifehood or widowhood, and therefore entitled to notice.</p> <p>3. Deed — Interest in Land — Conveyed to Take Effect in Future. Under section 2052 of the General Statutes of 1915, one may convey an interest in land to take effect in the future. (Miller v. Miller, 91 Kan. I, 136 Pac. 953.)</p> <p>4. Pleadings — Demurrer Properly Sustained as to Heirs Apparent. The demurrer to the petition was properly sustained as to the children on account of their uncertain and contingent interest, if any, in the lan