Postlethwaite v. Edson

Citations

• 98 Kan. 444
• 155 P. 802
• 1916 Kan. LEXIS 106

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Will — Construction—Life Estate with Power of Disposal — Remainder to Children. The principal clause in a will executed by a husband and wife was as follows:</p> <p>“They and each of them do hereby devise and bequeath to the other surviving, all the estate ... of which the one dying first shall be seized, or have an estate, claim or interest therein, and to be owned and disposed of by the survivor as he or she may desire, and that upon, the death of the survivor, all the estate of the survivor not disposed of by such survivor, is hereby devised and bequeathed to their children ... in equal parts.”</p> <p>Held, that such devise as to any of the property of which the survivor died seized vested in such survivor a life estate with the added power of disposal, remainder to the children.</p>