West v. West

Citations

• 106 Kan. 157
• 186 P. 1004
• 1920 Kan. LEXIS 475

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Life Estate to Wife — Qualified Power of Disposition. One paragraph of a will gave to the testator’s widow his personal property and the income on his real estate during her life, while the succeeding paragraph gave to a son his real estate and all his personal property, subject to the prior claims of the wife during her lifetime. Held, that the wife took a life interest in the personalty, with a qualified power of disposition, entitling her to impair the principal or body of the property so far as necessary to her support.</p> <p>2. Same — Proper Allowance to Widow. An allowance made to the widow from the proceeds of the personal property held to have been proper, although in excess of its income.</p> <p>3. Same — Allowance to Administrator. The refusal to allow the administrator (the testator’s son above referred to) compensation for providing board and lodging for the widow, held to have been proper.</p> <p>4. Same. Claims of the administrator against the estate held not to have been conclusively shown to be valid.</p>