Hurst v. Weaver

Citations

• 75 Kan. 758
• 90 P. 297
• 1907 Kan. LEXIS 126

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Wills — Repugnant Provisions — Construction. A will which-provides that a certain fund “shall be paid and distributed to the following of my children,” naming eight children, and subsequently, in the same subdivision of the will, provides “that the share and portion of my said daughter Christiana Hurst [being one of the eight before named] shall be held, controlled and invested by my executors for the sole use, benefit and support of my said daughter and her children, during her lifetime,” does not effect an unqualified gift of the portion but conveys it to the executors as trustees, and the daughter is not entitled to have the portion paid to her.</p>