In re the Estate of Breen

Citations

• 94 Kan. 474
• 146 P. 1147
• 1915 Kan. LEXIS 110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Disposition by Husband of One-half of His Real and Personal Property■ — Valid. In the section of the wills act providing that “Any married person having no children may devise one-half of his or her property to other persons than the husband or wife” (Gen. Stat. 1909, § 9812-), the word “devise” is used in its popular sense, and relates to the disposal of personalty as well as real estate.</p> <p>2. Same — Election by Widow Not to Take Under Will. A husband having no children may by will dispose of one-half of his estate, including exempt personal property, to persons other than his wife, notwithstanding her election not to take under the will.</p>