Knox v. Knox

Citations

• 87 Kan. 381
• 124 P. 409
• 1912 Kan. LEXIS 153

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Jurisdiction — Wills — Construction—Trusts—Publication Service — Pleadings. This action is for the judicial construction of trusts in a will relating to real and personal property in this and other states. The will contains many elaborate provisions, involves the sale and management of very valuable property, the annual distribution of large sums, and a final division after the death of the last survivor of three persons now living. The widow of the testator elected to take under the law of descents. The probate court has set off to her one-half of the real estate situated in this state embraced in the trusts, and which is of great value. The will directs the trustees to report to a circuit court of Illinois and purports to give that court control over the execution of the trusts except those providing for the division of lands in Kansas. None of the property is situated in Illinois. One of the trustees, a beneficiary in the trust, died before the death of the testator. The plaintiffs, the surviving trustees, are also beneficiaries. It is alleged that complications have -arisen and that grave doubts exist as to the duty of the trustees, and that they fear a multiplicity of suits. The trustees are also executors, and are proceeding in that capacity also. It is held: (1) that a nonresident defendant who is a son of the testator and a beneficiary in the trust was properly served by publication; (2) that the district court has jurisdiction of the subject of the action; and (3) that the petition states a cause of action, which should be made more definite and certain by amendment.</p>