Moore v. Samuelson

Citations

• 107 Kan. 744
• 193 P. 369
• 1920 Kan. LEXIS 159

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Husband and Wife — Joint Will in Form — Several Will of Husband in Fact. Where a husband and wife make what is in form a joint will devising property to their children, but the will only disposes of property belonging to the husband, the will should be considered as the several will of the' husband, and the joinder of the wife in the making of the devises is to be disregarded as mere surplusage.</p> <p>2. Same — Effect of Withholding Will from Record for More than Three Years. A person who has knowledge of the existence of a will and has it under her power and control for over three years after the death of the testator and who fails to offer it for probate within that time' loses any rights of property which the will may attempt to devise to her; but the long delay in offering the will for probate does not prejudice the rights of others to whom property is devised by the will if they have not been personally derelict in respect to such delay.</p> <p>3. Same — Assent of Wife to Testamentary Disposition of Husband’s Property. When a wife joins in the making of her husband’s will devising property to their children, her signature to the will, if made voluntarily and understanding^ and in the presence of the requisite witnesses to the will, is sufficient to satisfy the statute requiring the assent of one spouse to the testamentary disposition of property by the other spouse.</p> <p>4. Same — When Will Takes Effect — When Title to Property Passes to Devisees. Where a will specifically and clearly devises property to various persons, and then provides that its provisions shall not take effect until the testator and his wife are both de'ad, the title to the . property passes to the devisees on the death of the testator, but the enjoyment _of the property by them is postponed until the death of the wife.</p>