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>