Mollencamp v. Farr

Citations

• 70 Kan. 786
• 79 P. 646
• 1905 Kan. LEXIS 50

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>. Descents and Distributions — Will Construed. A testator whose family consisted of a wife and six minor children, two sons and four daughters, devised a farm which comprised substantially all his estate to his widow for her life, and added: “I desire that the farm at her death should go to my two sons, Louis and George; providing . . . that they pay over whatever difference there may be in the appraisement or allotment made by their mother for the benefit of my other children, said allotment to be made at the discretion of my wife. ” Held, that under the circumstances of this case the requirement of this proviso formed a condition precedent, and no title could pass to the sons under the clause quoted without an appraisement or allotment’s having been made by the mother.</p>