Markham v. Waterman

Citations

• 105 Kan. 93
• 181 P. 621
• 1919 Kan. LEXIS 26

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Construction—Intention of Testator Governs. Rule followed that in the construction of a will the testator’s intention is to be gleaned from the entire text of the testament, and not by giving such controlling significance to any one paragraph as to render abortive other and subsequent provisions of the will which likewise indicate part of the testator’s purposes.</p> <p>2. Same — Life Estate to Widow, with Power of Disposition — Vested Remainder to Children. A will which declared that the testator’s widow should he the real owner and have complete control of testator’s property, etc., named an executor and prescribed his duties and fixed his compensation, directed the sale of his household goods, made a special allowance to whichever one of his children his widow should choose to live with, and provided for a determination of the amount and value of the property aforesaid after the death of the testator’s widow, and directed that it be divided equally among his children' or their heirs, examined, and held that such will bequeathed to the widow a life estate with power of disposition, and bequeathed a vested remainder to his children.</p> <p>3. Same — Life Estate — Vested Interest of Remaindermen — Passes to Trustee in Bankruptcy. Under the circumstances- outlined in paragraph two of the syllabus, the sons of the testator have a present right or interest in the property bequeathed, although their enjoyment thereof is postponed until their mother’s death, and such right or interest of each son (not being exempt property) will pass to- a trustee in bankruptcy as part of a bankrupt son’s estate.</p> <p>4. Same. The certainty that a right of property is vested in a definitely ascertained person, not the value of that right nor the time when it may be enjoyed, determines the question whether that right is an asset of which a court may make judicial disposition.</p>