The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-08
CAN'T BREAK WILL
Judge Pollock Makes Import
ant Legacy Decision.
Two Cases in Kansas Involve
Large Properties.
ESTATE LEFT TO MOTHER
Daughter Has No Right To Di-
rect It's Disposition.
Life Estate Without Restric-
lions Can't Be Hampered.

When a woman wills her entire
estate to her mother-with the right
of the mother to dispose of the prop
erty during her lifetime-she cannot
direct the disposition of the property
at the mothers death. That is rule
of law laid down by Judge John C.
Pollock of the United States district
court for the district of Kansas. And
his decision settled disputes over two
valuable estates in Kansas and in
volved disposition to Butler county
oil properties valued at half mil
lion dollars.
The decision by Judge Pollock this
week is of vital Importance in estab-
fishing rules for the disposition of
estates. 1t makes a general rule to
the effect that a person cannot will
property to another and provide all
rights and privileges in the use and
disposition of such property and at
the same time control its disposition
when the original beneficiary dies. A
| number of valuable Kansas estates
are involved in the laying down of
the rule by. Judge Pollock and his
decision will probably be extensively
quoted. 1t is probable, however, that
the cases involved may be taken be-
fore the supreme court of the United
States in order to gain final opinion.
Two Parallel Cases.
In the case of B. NJ. Cloud against
Emma NJ. Ogden. Wichita and Butler
county oil properties valued at half
million dollars are disposed Of The
| issue involved the rights of Emma Og-
den under will from the original
| owner of the property.
Parallel with the Wichita case is the
case of Robert Wiley Wells against
Madalene S. Brown and others. The
Wells Brown case came to the Topeka
G1 taf f1ea f.
volved property near Coffeyville
In this case-which is governed by
the rule from the big oil property
suit-Laura Alice Wells had willed to
ner mother all of her property, both
real and personal. The will attested
the daughters faith in the mothers
Judgment and integrity and gave her
| the right to dispose of the property
during her lifetime in any manner
she saw fit. No life estate provision
was incorporated or suggested in the
will.
Included in the will. tho. was =
clause that conveyed a suggestion OF
wish that the mother make certain
dispositions of the property at the time
the mother died. This request was
not followed by the mother, except IL
/ part. Consequently beneficiaries I'M,
der the plan suggested by the edaugh
4 ter, brought suit to enforce the orig
inaIs will But Judge Pollock hold
/ they cannot recover
/ Judge PoIloclz's Decision.
Reviewing the case, Judge PolHue:
holds that the daughter SURRENDERED
all authority concerning disposition O
the property when she gave it to tn
mother with power and authority t,
do with it as she deemed wise durini
her lifetime. The mother might sell
mortgage or even give away the en-
tire estate. As a consequence. Judg
Pollock holds the mother might exer
else the same authority over the prop
erty at the time of her death.
The daughters suggestion as to ulti
mate disposition of the property wa
held merely as a suggestion, withou
placing responsibility on the mother
shoulders or conveying rights to any
one. AS result the mothers will
upheld, an estate of some $4,000 .
$4,000 in Montgomery county is dis
posed of, while by the same token i
an almost parallel case in the WIGHT
district. a half million dollar oil prop
erty is lost from control of the origina
teStator.