Scott v. Gillespie

Citations

• 103 Kan. 745
• 176 P. 132
• 1918 Kan. LEXIS 369

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Action by Trustee in Bankruptcy to Construe a Will. The trial court had jurisdiction to entertain this suit by a trustee in bankruptcy to construe a will under which the bankrupt was claimed to be a devisee.</p> <p>2. Wills — Construed to Devise Life Estate with Power of Disposal — Remainder to Children. Under the following clause of the will, it is held that the testator intended to devise to the wife a life estate with power of disposal, remainder to the children:</p> <p>“Second. All the residue and remainder of my estate, both real and' personal, I hereby give, bequeath and devise unto my faithful and beloved wife, Rebecca J. Gillespie, to have, enjoy, sell or dispose of in any manner she may see fit, or in her judgment may conduce to interest or value of said estate, or any portion of it; And upon her death, that all real and personal property she may die seized of shall then be distributed among my children, share and share alike, or if any of my said children shall then be dead, and le'ave children, then such grandchildren together shall receive the one share their deceased parent would have been entitled to if living.”</p> <p>3. Same. — Rules for Construction of Will. The old rule, that the devise of a fee may not be impaired' by a subsequent contradictory provision, is qualified by the modern rule, that the intention as gathered from all parts of the will must control.</p>