Corbett v. Skaggs

Citations

• 111 Kan. 380
• 207 P. 819
• 28 A.L.R. 1230
• 1922 Kan. LEXIS 254

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Construction op Will — Bequests to Groups of Individuals — Death of Individual Members of Group Before Death of Testator — Descents and Distributions. Although each of three subdivisions of a will began with the statement that the testator gave to the children of a deceased brother or sister the sum of $25,000, to be divided as specified, and this fact would indicate a purpose to treat the children of each group as a class rather than as individuals, it is held that by reason of other provisions of the will, and especially because of the name of each beneficiary and the amount allotted to him being stated, such amounts not being uniform among the members of any of the groups, the legacies are to be regarded as made to the beneficiaries as individuals and not as classes, and the death of one of them without issue before that of the testator did not cause his share to go to the other members of the group to which he belonged.</p> <p>2. Same. The share of a residuary legatee who dies (without issue) before the death of the testator goes to the surviving residuaries, in the absence of some special provision of the will showing a different purpose. The rule that such share shall be disposed of as in the case of intestacy is rejected as being in conflict with the established policy of the court to ascertain and give effect to the actual intention of the maker of the will. Even if that rule were adopted it would not be held applicable where, as in the present instance, the will expressly provides that a number of specific legatees (who would also be heirs) shall have no share in the residue of the estate.</p> <p>3. Same. The extension of the rule referred to so that it shall require lapsed specific legacies to persons who are also residuary legatees to be treated as property undisposed of by the will is likewise rejected and held not to be applicable in any event in the present case, upon the same grounds.</p>