Keeler v. Lauer

Citations

• 73 Kan. 388
• 85 P. 541
• 1906 Kan. LEXIS 263

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Testamentary Trust — Discretion Given the Trustee— Validity. A testamentary trust authorized the trustee, who was the husband of the testatrix, to sell the property of the estate and invest the proceeds as he might deem best, and to appropriate so much of the estate to the education and maintenance of the children of the testatrix as the trustee might deem necessary. It provided, also, that no bond should be required of the trustee, nor a report of his doings to the court, but that he should have full power to sell and dispose of the trust property as his -judgment might dictate, so long as the proceeds should be applied to the purposes of the trust. Held, that the large discretion vested in the trustee did not invalidate the will. ></p> <p>2. - Trustee Subject to Control of a Court of Equity. Notwithstanding the powers and discretion given to the trustee he is subject to the direction and control of a court of equity, which will have full power to prevent mismanagement of th'e estate and to correct any abuses of the trust.</p> <p>3. - Duration of Trust — Limitation—Rule against Perpetuities. A provision in the will that the trust is to terminate and the estate vest in the beneficiaries within twenty-one years, or within the common-law period, does not offend the rule against the creation of .perpetuities.</p> <p>4. -Probate of Will — Contest—Limitation of Action. An order probating a will determines its due attestation, execution, and validity, and an heir or other interested person must contest the will, if at all, within two years from the time of probate, unless such person is under legal disability.</p> <p>5. - Creditor of an Heir — Right to Contest. A creditor of an heir who claims that the devised property- has passed to the heir occupies no better position, at least, and has no greater right to contest the will, than the heir himself,</p> <p>6. - Consent to Will — Need Not be Probated. A consent of the husband that