Noecker v. Noecker

Citations

• 66 Kan. 347
• 71 P. 815

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Construction — Duly of Court. It is the duty of the court, if possible, to give effect to all portions of a statute and yet make the enactment an harmonious whole.</p> <p>2. Wills — Husband and Wife — Statute Construed. Section 35a of the wills act (Gen. Stat. 1901, § 7973), enacted subsequently to the other portions of that chapter, is not without effect, nor does it repeal other sections, but finds an harmonious place in the entire act, so that under it one spouse may will away from the other one-half of his or her property without the other’s consent, even where no issue is left.</p> <p>3. - Where Wife Takes under the Law. Where a wife elects to take under the law, rather than by the terms of the will of her deceased husband, the will, so far as may be, remains effective, and must be administered.</p> <p>4. - Trustees may Maintain Partition. Where, by the terms of a will, certain real estate was devised to trustees, to be by them sold and the proceeds divided, such trustees, may maintain an action for the partition of such real estate, the will having vested them with title.</p>