Coleman v. Coleman

Citations

• 69 Kan. 39
• 76 P. 439

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills—Devise C.onslrued—Words “Heirs of His Own” Defined. A testator provided in his will that certain real estate devised to his four sons in equal proportions should not be sold until . the youngest child arrived at the age of majority, and that in case any one of them should die “ without heirs or legal representatives of his own” the survivors should take his portion of the estate equally. An infant son died after the death of the testator. Held, that the-words ‘‘heirs of hi>s own,” when applied to the children of the deceased, meant lineal descendants or issue, and that the mother of the deceased child did not inherit his share of the real estate devised in the will.</p> <p>2. -Estates not Repugnant—Not a Perpetuity. The terms of the will considered, and held, that the remainder over to the children of the testator is not repugnant to the estate previously granted; nor does the will create a perpetuity.</p>