McCartney v. Robbins

Citations

• 114 Kan. 141
• 217 P. 311
• 1923 Kan. LEXIS 43

Syllabus

<p>syllabus by the court.</p> <p>1. Will — Devise of Land for Life — Remainder to Life Tenant’s Heirs — Wife of Life Tenant Took Contingent Remainder. A will devised land for life, remainder to the life tenant’s heirs. Held, the wife of the life tenant, living at the time the will became operative, took a contingent remainder, depending on survival of her husband.</p> <p>2. Same — Wife of Life Tenant Had Mortgageable Interest. After the will became operative, the husband and wife gave a mortgage on the land, which was foreclosed. Held, the wife had a mortgageable interest in the land which was conveyed to the purchaser at the foreclosure sale by the sheriff’s deed consummating the foreclosure proceedings.</p> <p>3. Same — Mortgage Foreclosed — Remainder Vested in Grantee in Sheriff’s Deed. The wife survived her husband. Held, the remainder'vested in the successors in interest of the grantee in the sheriff’s deed.</p>