Strom v. Wood

Citations

• 100 Kan. 556
• 164 P. 1100
• 1917 Kan. LEXIS 373

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Devise—Title Vests in Remaindermen. A will gave certain property to the widow of the testator “so long as she shall live or retain her capacity for such business; or shall not become remarried; and when either of such contingencies shall happen, then I direct that all of said property, both real and personal shall at once be distributed among my children and heirs at law, the issue of myself and by said wife, and my said wife, Charsto Strom, as the laws of Descent and i Distribution of the State of Kansas provide and direct.”</p> <p>Held, that such will vested in the widow a life estate to be enlarged to. a one-half interest in fee by remarriage or disability, and vested in the children the remainder in' all, subject to being diminished to a vested remainder in one-half by the disability or remarriage of their mother.</p> <p>2. WILL' — Devisee’s Acceptance — Presumptions. A devisee is presumed to accept a devise favorable to him, and if he desire to renounce he should do so within a reasonable time.</p> <p>3. Same — Timely Renunciation. A timely renunciation relates back to the death of the testator.</p> <p>4. Will — Devise — Judgment Against Devisee — Judgment Lien< — Presumptions of Acceptance of Devise. A judgment was recovered in Morris county against the devisee, April 7, 1910. The testator died, and his will giving the devisee an interest in certain land in the same county was probated May 16, 1911. Executions on the judgment were issued January 6, 1915, and later, March 13, 1916, levy was made on the devisee’s interest in the land. April 25, 1916, the sheriff began to advertise a sale, to enjoin which this suit was begun. April 24, 1916, the devisee filed a disclaimer. Held, that the judgment had already been for years a lien on his interest which by lapse of time and nonaction he is presumed to have accepted.</p> <p>5. Same — No Final Settlement of Estate — Judgment—Against Devisee-— Lien Attaches. The amended petit