Salisbury v. Salisbury

Citations

• 92 Kan. 644
• 141 P. 173
• 1914 Kan. LEXIS 296

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Will — Construction—Will Does Not Violate Rule against Perpetuities. A will provided that a fund should be placed in the hands of a trustee, the income to be paid to a son of the testator during his life; that on the death of the son, if he left no issue and the testator’s widow was dead, the fund should go to. the testator’s “surviving heirs”; that if the widow were alive she should have the fund for her life, and it should then go to the testator’s “surviving heirs”; that if the son left issue they should have the income for life, and at their death the fund should go to the testator’s “surviving heirs.” Held, that the will should be construed as intended to vest the title to the fund in the testator’s heirs upon the death of his son, their enjoyment of it to be postponed during the life of the son’s -issue, and that the rule against perpetuities was not violated.</p>