Morse v. Henlon

Citations

• 97 Kan. 399
• 155 P. 800
• 1916 Kan. LEXIS 309

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Construction—Intent of Testator. There is no occasion for employing rules for judicial construction of a will in search of the testator’s intention where such intention is expressed clearly and unequivocally in the instrument.</p> <p>2. Same. The intention of the testator so expressed is not controlled nor defeated by the fact that the scrivener divided the words used to express the making' of a gift by the testator to a beneficiary into three paragraphs instead of including all in a single paragraph.</p> <p>3. Same — Will Created Life Estate in Wife of Testator. Provisions of the will under consideration are held to clearly show that the intention of the testator was to give his wife a life estate instead of an absolute title in fee simple to certain real estate.</p>