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Wills, Trusts & Estates Keyed to Gallanis
Cox v. Forristall
Citation:
640 P.2d 878 (Kan. Ct. App. 1982)Facts
The will of B. T. Freeman devised a life estate in the farm to his daughters Miranda Catherine Freeman and Alice Freeman. The will provided that in the event of marriage of either life tenant, the life interest in the farm would remain in the other tenant. Further, the will provided:
The life interest of both of my said daughters having terminated by marriage, the said farm shall become and be the property of my children, share and share alike. In the event of the death of either of my said children above named prior to the expiration of the life interest of my said daughters, Miranda Catherine and Alice, the share of such child or children so dying shall descend to the then living issue of their body, and in the event of their dying without issue, the share of such child or children so dying shall descend to, become and be the property of my children then living, share and share alike.
B. T. Freeman was survived by eleven children, including Miranda and Alice. Miranda died in 1951. Alice died in 1980. Neither Miranda nor Alice ever married, and both died without issue. Only one of B. T. Freeman’s eleven children, Delilah, survived Alice.
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