Foster v. Stowers

In Meyer v. Meyer, 149 Kan. 23, 86 P. 2d 493, a limitation to a person for life with remainder in “fee simple to the heirs of his body” was held to create a fee-tail estate in the first taker. The case received careful consideration and the point should be at rest in this state. The rule there adopted should be applied to all cases that fairly fall within the ambit of that decision. For the reasons to be stated, I think the limitation in the instant case falls within the rule there adopted.

By the property act, chapter 181, Laws of 1939, effective July 1, 1939, estates tail are abolished. All…