Stevenson v. Stevenson

Citations

• 102 Kan. 80
• 169 P. 552
• 1917 Kan. LEXIS 225

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will.— Construction — Life Estate — Estates in .Remainder — Vested Title. Where a testator bequeaths a life estate in his property to his widow and the remainder undivided to his sons, share and share alike, the sons acquire a vested remainder in the property, and they may sell and dispose of their undivided interests, subject to the rights of the widow under her life estate.</p> <p>2. Same. After a testator has disposed of his property by will — creating and bequeathing a life estate therein to his widow and bequeathing the remainder to his sons in undivided equal shares, a subsequent provision in the will, that if any son should die before the termination of • the life estate such son’s share should be paid to his descendants and should not lapse, is a mere direction in accordance with the statute of descents and distributions, and does not fairly imply that the sons may not absolutely dispose of the undivided interests vested in them by their father’s will.</p> <p>3. Same. Where a life tenancy and remainders are carved out of an estate by will, and the remaindermen are in esse, definitely ascertained, and nothing but their death before the termination of the life tenancy can defeat their title, the remainders thus created and bestowed by the will are vested absolutely in the remaindermen.</p>