Emery v. Emery

Citations

• 104 Kan. 679
• 180 P. 451
• 1919 Kan. LEXIS 335

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce — Provision for Support and Education of Minor Children— Provision May Extend Only During Minority. The statute authorizing the court upon granting a divorce to provide for the guardianship, custody, support and education of the minor children of the marriage, contemplates making provision for the children only during their minority, and grants no power to transfer any of the property of either parent to the children for the purpose of creating an estate for their permanent benefit. A part of a decree attempting to do this is wholly void and open to collateral attack. '</p> <p>2. Same — Decree for Support of Children Partially Void. The evidence is held not to show that the parent owning the property so attempted to be transferred was estopped to challenge the validity of the part of the decree referred to.</p> <p>3. Same — Guardian Ad Litem Entitled to Compensation. A guardian ad litem- of minors, who represents them on an appeal in a doubtful case, is entitled, irrespective of the result, to an allowance by this court for compensation for his services here, to be taxed as costs.</p>