Gardner v. Anderson

*432The opinion of the court was delivered by

Dawson, J.:

In recognition of the importance of one of the questions involved, a rehearing has been granted in this case, wherein we held (114 Kan. 778) that an estate tail was created by the following provisions of the will of the late Zimri Gardner:

“Second. I hereby give and bequeath to my daughter, Georgia Gardner, the remainder of my property, both personal and real, for the length of her lifetime only. My direct intention being that she shall have the income only from said property.

“Third. Should my daughter, Georgia Gardner, marry and have issue,…