Miller v. Miller

Citations

• 91 Kan. 1
• 136 P. 953
• 1913 Kan. LEXIS 322

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Conveyance — A Freehold, Estate in Remainder to Commence in Future May be Created without a Particular Estate to Support it. . A grantor executed a voluntary conveyance of land to his son for life, remainder to the son’s wife for life should she survive her husband, or so long as she remains his widow, remainder in fee to the heirs of his son’s body, and in default of such heirs, reversion to the grantor. The grantor filed the deed for record and “afterwards offered it to his son who refused to accept it. At that time the wife and two children of the son were living. Held:</p> <p>1. Common Law Abrogated by Statute. The common-law restrictions on the creation of future estates were abolished by section 3 of chapter 22 of the General Statutes of 1868, providing that conveyances of land or of any other estate or interest therein may be made by deed, and the remainders to • the son’s wife and to the heirs of his body are valid although the particular estate for life to him did not come into existence.</p> <p>2. Remainders Not Accelerated. The remainders are not accelerated by the refusal of the son to accept the conveyance of the life estate to him.</p> <p>3. -- Independent Grants. The provision for the son is not so complicated with the other gifts specified in the deed that the failure of one destroys them all.</p> <p>4. Heirs of Body — When Ascertained. The son has no heirs at all while living. Who the heirs of his body may be can not be ascertained until his . death, and children now in being take nothing under the deed unless they outlive their father.</p> <p>5. Recording by Grantor —■ Delivery — Acceptance. The recording of the deed by the grantor made it effective as to all pei'sons benefited by it who did not dissent.</p> <p>6. Interpretation — Language of Instrument — Surrounding Circumstances. The intention of the grantor is to be ascertained from the language employed in the deed. In case of doubt, interpretation may be aided