Sinke v. Muncie

Citations

• 110 Kan. 345
• 203 P. 1102
• 20 A.L.R. 383
• 1922 Kan. LEXIS 48

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Devise With Power to Dispose of at Her Death as Devisee May Deem Best May Be Exercised by Will or Deed — When Deed Takes Effect. By his last will, probated in 1896, the testator devised all his property to his wife “to have and to hold the same during her natural life, and at her death to dispose of all the remainder of the property among the children and their heirs as she may deem best.” In 1918 the widow executed deeds conveying some of the real estate to certain of the children in consideration of “one dollar and love and affection,” and reserving to herself the use of the property during her life. In an action to set aside the conveyances, held, that the power to dispose of the estate is not limited to a will, either by implication or express terms, and therefore may be executed either by will or by deed, and that in this case the deeds, so far as they may operate simply in execution of the power, take effect only from the death of the widow, the words “and at her death” merely denoting the period when the disposition should take effect.</p> <p>2. Same. To the extent that a deed would be inoperative except as an execution of a power of appointment, it will execute the power though no reference is made thereto.</p>