Lasnier v. Berthiaume
Citations
- 102 Kan. 551
- 171 P. 645
- 1918 Kan. LEXIS 91
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. .Appeal — No Transcript of Evidence — Scope of Review. Failure to provide a transcript of the evidence does not necessarily require the dismissal of an appeal; it merely excludes from the scope of the review those features of the lawsuit dependent thereon.</p> <p>2. Wills — Rule against Perpetuities. The rule against perpetuities is that no future interest in property can lawfully he created which does not necessarily vest within twenty-one years after some life or lives presently in being, excluding from such computation of years the incipient life of infants in ventre 'sa mere.</p> <p>3. Same. Provisions of a will which direct that no disposition of certain property shall be made “within twenty-one years after the death of my beloved wife” are void under the rule against perpetuities.</p> <p>4. Same — Offends Rule against Perpetuities — Descent of Estate. When a future estate, attempted to be created by a will, fails because it offends the rule against perpetuities, the property thus ineffectually disposed of vests at once in the heir or heirs at law; and a rent charge on the' abortive future estate during the illegal interim of suspension fails therewith.</p>
Judges: Dawson
Read full opinion on CourtListenerCited by
26 cases in this archive cite this case; the 20 most cited are listed.
- Henderson v. BellSupreme Court of Kansas· 1918-07-06· cited 50×
- Grossenbacher v. SpringSupreme Court of Kansas· 1921-02-12· cited 28×
- Gardner v. AndersonSupreme Court of Kansas· 1923-12-08· cited 27×
- Beverlin v. First National BankSupreme Court of Kansas· 1940-01-27· cited 27×
- Singer Company v. Makad, Inc.Supreme Court of Kansas· 1973-01-26· cited 26×
- In Re Estate of FosterSupreme Court of Kansas· 1962-12-08· cited 24×
- Perotti v. First National BankSupreme Court of Kansas· 1965-07-10· cited 22×
- In Re Estate of WoodsSupreme Court of Kansas· 1957-05-11· cited 18×
- Treadwell v. BeebeSupreme Court of Kansas· 1920-06-05· cited 18×
- Smerchek v. HamiltonCourt of Appeals of Kansas· 1980-02-15· cited 17×
- Buckwalter v. HenrionSupreme Court of Kansas· 1922-07-08· cited 17×
- Imbrie v. HartrampfOregon Supreme Court· 1921-05-31· cited 16×
- Richards v. Kansas Electric Power Co.Supreme Court of Kansas· 1928-07-07· cited 14×
- Putnam v. City of SalinaSupreme Court of Kansas· 1933-01-07· cited 14×
- Marsh v. MarshSupreme Court of Kansas· 1957-03-09· cited 13×
- In Re Estate of DavisSupreme Court of Kansas· 1951-11-10· cited 10×
- Golden v. MitchellSupreme Court of Kansas· 1920-06-03· cited 9×
- Harvey v. HarveySupreme Court of Kansas· 1974-07-17· cited 8×
- Seigle v. Kansas Soldiers' Compensation BoardSupreme Court of Kansas· 1925-07-11· cited 7×
- Johnson County National Bank & Trust Co. v. LoweSupreme Court of Kansas· 1942-07-11· cited 7×
Cites
3 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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