Mastellar v. Atkinson

Citations

• 94 Kan. 279
• 146 P. 367
• 1915 Kan. LEXIS 84

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Will — Interpretation — Life Estate in Wife — Fee in Son Charged with Payment of Certain Legacies. In the will of one who died and left surviving him a wife, one son and ' six daughters, he devised a life estate to his wife and added that after her death “I will and desire that the said property shall revert to my beloved son Artie Atkinson, provided that in such event he shall pay to each of his sisters, Annie Hendrickson, Nancy Hooks, Ida Mastellar, Sarah Jackson, Lydia Wilson, and Daisy Teach, the sum of two hundred dollars ($200.00). Said two hundred dollars to be paid in yearly payments of sixty-six and two-thirds dollars ($66.%) to each sister as above enumerated. The first payment to be made on the first day of September, following the first day of April after the death of my wife, Ellen Atkinson.”</p> <p>In a proceeding to determine the ownership of the property and to partition the same it is held that the fee of the land vested in the son upon the death of the testator but that the enjoyment of possession is postponed until the life estate is terminated, and that the son takes the fee charged with the payment of the legacies given to the daughters of the testator, and that any one who succeeds to the estate and interest of the son prior to the completion of the payments takes the land subject to such charges.</p>