Ernst v. Foster
Supreme Court of Kansas
Error from Lyon district court. Hon. W. A. Randolph, Judge. Error from Jackson district court. Hon. L. A. Myers, Judge. In August, 1864, Aaron Foster, who was the owner of land situated in Jackson, Shawnee and Lyon Counties, died at his home in Jackson County.
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Error from Lyon district court. Hon. W. A. Randolph, Judge. Error from Jackson district court. Hon. L. A. Myers, Judge. In August, 1864, Aaron Foster, who was the owner of land situated in Jackson, Shawnee and Lyon Counties, died at his home in Jackson County. He left surviving him his widow, Ellen H. Foster, and the following-named children: Aaron Bluford Foster, Silas Jackson Foster, Newton Jasper Foster, Milton Smith Foster, Mary C. Ecton, Almeda Elizabeth Foster, James Monroe Foster and Martha Jane Foster; the last three named being minors. He had executed a will, which was as follows :…
1Opinion of the CourtJohnston, J.
The determination of both cases depends upon the construction to be placed upon the will of Aaron Foster, deceased. On the part of his heirs, it is claimed that the widow took only a life estate and that the conveyances made by her transferred no more than her life interest. On the other side, it is claimed that the widow took a life estate with power to dispose of the fee, the remainder to be divided equally among the three youngest heirs. The clause upon which a doubt has arisen is as follows : “ To my beloved wife, Ellen H. Poster, all the residue of my real and personal property, to have…
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