Fontron Loan & Trust Co. v. Salmon

Citations

• 106 Kan. 833
• 189 P. 941
• 1920 Kan. LEXIS 665

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Will — Interpretation—Interest of Surviving Widoiv After Her Remarriage. A will by which a testator, who was survived also by several children, left all his property to his wife “for her use during- the rest of her life, provided, she does not remarry,” the language quoted being followed by this provision: “It is my will and wish that she be allowed the income from the said property only and at her remarriage or death, then the same shall be divided according to the laws of Kansas.” Held, that upon its face the will is to be construed as meaning that upon the remarriage of the widow the property is to be distributed as though her husband had died intestate, she receiving half of it; and that the fact that for several years prior to the death of her husband she had been weak mentally is not a sufficient basis for interpreting the language used as showing a purpose on his part to deprive her of all interest in the property in the event of her marrying again.</p>