[Download] "Seal v. Seal" by Supreme Court of Kansas * eBook PDF Kindle ePub Free

July 10, 2021

eBook details

Title: Seal v. Seal
Author : Supreme Court of Kansas
Release Date : January 12, 1973
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

The opinion of the court was delivered by This action was brought by remaindermen to prevent waste by a life tenant. The defendant life tenant, Cora Seal, is a widow in her mid-eighties. She has appealed from a judgment [212 Kan. 56] which, among other things, appoints a trustee to take possession of all money found to have been derived from the sale of real estate in which she had a life estate. She does not contest the well-recognized power of a court of equity in an action for waste to appoint a receiver in a proper case to protect the rights of remaindermen. See Kimberlin v. Hicks, 150 Kan. 449, 94 P.2d 335. Rather, her primary contention is that the appointment of a trustee was an abuse of the trial court's discretion, and alternatively that at least a portion of the money should have been left in her hands because she owned it outright. (Note: The parties in this case have consistently referred to a trustee rather than a receiver, and we have adhered to their terminology; the function is the same.) While this appeal was pending Cora Seal was adjudicated an incompetent person by the probate court of Pratt County, and the First National Bank of Pratt, Kansas, was appointed conservator of her estate. That institution has not participated in this appeal, but has been substituted as appellant by order of this court pursuant to K.S.A. 1972 Supp. 60-225 (b) and 60-217 (c). It is also the permanent trustee appointed by the court below in the order appealed from.