Shrigley v. Black
Supreme Court of Kansas
Error from Cowley district court; William T. McBride, judge. STATEMENT. One Soranus L. Brettun died in April, 1881, leaving a will, by which he bequeathed to his wife, Margaret Brettun, a life-estate in all of his property, and to his grandchildren, Charles C. Black, Brettun Crapster, and Caroline Louise Crapster, a life-estate in the remainder, with certain exceptions as against Charles C. Black, and with fee over to the issue of Brettun Crapster and Caroline Louise…
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Error from Cowley district court; William T. McBride, judge. STATEMENT. One Soranus L. Brettun died in April, 1881, leaving a will, by which he bequeathed to his wife, Margaret Brettun, a life-estate in all of his property, and to his grandchildren, Charles C. Black, Brettun Crapster, and Caroline Louise Crapster, a life-estate in the remainder, with certain exceptions as against Charles C. Black, and with fee over to the issue of Brettun Crapster and Caroline Louise Crapster, now Bangs. The widow, Margaret Brettun, and Black were appointed executors of the will. Needing money for the payment…
1DissentRoster, C. J.
(dissenting) : It is admitted by my associates that section 23 of the redemption law (Gen. Stat. 1901, §4949), if given effect, is in express terms applicable to this case and determinative of it. The refusal to apply this section is justified upon two grounds : (1) Because it was the duty of the minor children owning the remainder of the estate in fee, after the life-estates of their parents, to pay the taxes assessed against the property, they, the children, having taken the title to such life-estates, and in consequence of their failure to do so, their redemption in fact from the North…
2Cases cited27 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Moss v. ShearCalifornia Supreme Court · 1864
- Defreese v. LakeMichigan Supreme Court · 1896
- Blackwood v. Van VleitMichigan Supreme Court · 1874
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