Grossenbacher v. Spring

Citations

• 108 Kan. 397
• 195 P. 884
• 1921 Kan. LEXIS 54

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Bequest in Trust for Use of Grandchildren — An Active Trust CreatedÍ — Duties and Powers of Trustee. Where a testator directs that, subject to certain bequests, his real and personal property shall be held in trust for the use of his four grandchildren, or the survivors of them, “. . .' during their natural lifetime, but only the net income from said real and personal property thus held in trust shall' be paid to my grandchildren or their survivors in equal shares, said income to accumulate in the hands of [a] trustee until each of said grandchildren become of age, when its respective share is to be paid to it, and thereafter to be paid annually, and at the death of the last survivor of my said four grandchildren all of the estate held in trust, both real and personal, shall be equally divided between the heirs of my said grandchildren being issue of their bodies,” it is held that such a testamentary disposition of the testator’s property creates an active trust which is not fully executed when the testator’s grandchildren attain their majority, and such trust continues to impose active powers, duties and responsibilities upon the trustee which cannot be fully executed until the death of the last surviving grandchild.</p> <p>2. Same — Bequest in Trust — Active Duties of Trustee in Executing the Trust — Estate Tail.- Where an estate is devised in trust and active duties are imposed upon the trustee thereof for the proper execution of the trust, and the interest of the beneficiaries therein is specifically limited to the net income of the trust estate, which is to be paid to them annually during their lives, and after the death of the last survivor of them the remainder estate is to be divided between the heirs of their bodies, such testamentary disposition of property does not create an estate tail which»can be broken by a conveyance.</p> <p>3. Same — Bequest—Active Trust Created — Effect of Death of One Beneficiary on Incom