Vanek ex rel. Gile v. Vanek

Citations

• 104 Kan. 624
• 180 P. 240
• 1919 Kan. LEXIS 322

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will op Bachelor — Subsequent Marriage — No Issue — Will Not Annulled — Rights of Widow. The fact that the statute, in effect, makes the wife an heir of the husband (giving her also a right corresponding to dower, enabling her to hold half of his property notwithstanding any will he may have made) does not require the modification of the rule of the common law that the will of a bachelor is not revoked by his marriage unless issue results; the proviso that nothing in the section which enumerates the methods by which a will may be revoked by affirmative action “shall prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator” (Gen. Stat. 1915, § 11793), refers to the effect of some fixed and definite rule of either the statute or the common law, and does not authorize' the courts to treat a will as annulled whenever such a change has taken place since its execution as to warrant a belief that if the testator had anticipated it he would have made a different disposition of his property.</p> <p>2. Same — Construction of Statute. The provision of the' statute that “any married person having no children may devise one-half of his or her property to other persons than the husband or wife” (Gen. Stat. 1915, § 11791), applies to the operation of wills made before marriage as well as after.</p>