McLaughlin v. Penney

Citations

• 65 Kan. 523
• 10 P. 341
• 1902 Kan. LEXIS 85

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Title and Ownership' — Will Construed — Vested, not a Contingent, Interest Devised. A will provided for the payment of legacies to the testator’s children and grandchildren. It contained no words of gift or devise, but only a direction to pay, upon the sale of property after certain stated times, with a further direction that, in case of the death of any of the legatees without issue, • before distribution, payment should be made to the survivors. It was manifest from other provisions of the will that the postponement of the payment of the legacies was not to await the occurrence of any events qualifying the legatees to receive their distributive shares, but only to keep the estate intact and undistributed,'in order that the testator’s wife might be insured a comfortable support during life. Held, that upon the testator’s death the legatees acquired a vested, and not a contingent, interest in their undistributed shares.</p>