Lehnherr v. Feldman

Citations

• 110 Kan. 115
• 202 P. 624
• 1921 Kan. LEXIS 178

Syllabus

<p>syllabus by the court.</p> <p>1. Will — Bequest to the Kansas Soldiers’ Home — Home a Charitable Institution — Valid Bequest. In the residuary clause of his will, a testator directed that the residue of his property, real and personal, should go to the Kansas State Soldiers’ Home at Fort Dodge, Kansas. Held:</p> <p>(a) That the institution is a charitable one within the meaning of the term as applied to the construction of conveyances by deed, or gifts and devises by will.</p> <p>(b) Notwithstanding the home is subject to be changed and its scope and purpose enlarged as the legislature in its wisdom may deem advisable, it is none the less a permanent institution and capable of taking property by gift or devise.</p> <p>(c) Although the bequest defines no specific purpose for which the property devised shall be devoted, the designation and limitation of the uses to which the property may be applied is found in the name and nature of the devisee.</p>