Pond v. Harrison

Citations

• 96 Kan. 542
• 152 P. 655
• 1915 Kan. LEXIS 428

Syllabus

<p>syllabus by the court.</p> <p>Wills — Bequest of Real Estate — “Spendthrift Trust’’- — Mechanic’s Lien Did Not Attach to the Realty. A testator devised a quarter section of land to trustees to be handled in their discretion, the net income to be devoted to the support of his son, but to be exempt from his control and from seizure for his debts. The trustees allowed the beneficiary to occupy the property and enjoy its revenue. A dwelling house in which he lived with his family was nearly destroyed by fire. He rebuilt it, using for the purpose the proceeds of an insurance policy taken out by him, but failed to complete payment for the lumber. Held, that a mechanic’s lien could not attach to the revenue of the property because of the provision of the will regarding exemption, nor to any part of the building, because it had all become a part of the realty.</p>