Chase v. Howie

Citations

• 64 Kan. 320
• 67 P. 822
• 1902 Kan. LEXIS 204

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Construction of Bequest — Bife-interest in Personal , Property. The following are the material provisions of the will in controversy:</p> <p>“I give to my wife, Lois Walker, all my real and personal property, for her use and benefit so long as she lives, then to be divided as follows: First, Virgil Anson Walker to have the interest of $2500, for his benefit and use as long as he lives, then to be divided among the other heirs.</p> <p>“ Second. The balance to be divided equally among the other heirs, which is Elizabeth Luther, Amelia P. Ogden, Olive Walker, Francis M. Walker, Minervia Ureta Moyer, Lois Alice White, and Mary Jane Mott.”</p> <p>Such a will is to be construed as a bequest of a life-interest in the personal property of which the testator was the owner when he died to said Lois Walker, and said Virgil Anson Walker having deceased before said will became operative, the remainder over must be regarded as having been bequeathed to the “other heirs” therein named.</p> <p>2. -Income from Personal Estate — Rights of Remain- ' der-man. In the absence of a direction to the contrary, one who, i under a will, takes a life-interest'in personal property is allowed to receive and use only the income or profits thereof, and the ' rights of the owner of the life-estate and those of the person en-1 titled to the remainder must be treated as entitled to equal pro-i tection.'</p>