Johnson v. Coolbaugh

Citations

• 109 Kan. 597
• 201 P. 59
• 1921 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Will — An Active Trust Created by Devise — No Title to Vest in Cestui Que Trust. A trust created by a will imposed upon the trustee the power and responsibility of paying to the widow of the testator so much of the income from real estate as might be necessary for her support during her life, and at her death the income was to be paid to a son during his life, and if he left children surviving him, then at his death, the income was to be paid to them for a period of twenty years, at which time the fee title was to vest in them. Held, that the trust is an active and not a dry or passive one, and that it cannot be executed until the time arrives for the final distribution (Grossen- ■ backer v. Spring, 108 Kan. 397, Í95 Pac. 884), and further held, that the only interest acquired in the real estate by the testator’s son is a life use of the income from the time of his mother’s death.</p>