Rule in Wild's case

58-505. Rule in Wild's case. In the case of instruments disposing of property of which the following is a type: "A to B and his or her children," the doctrine of the common law known as the rule in Wild's case shall not hereafter apply, and the instrument shall create a life interest in B and a remainder in his or her children. The rule here prescribed applies when the expression is "children," or "issue," or words of similar import. History: L. 1939, ch. 181, § 5; July 1. Law Review and Bar Journal References: 1953-55 survey of real property and future interests, Richard W. Stavely, 4 K.L.R. 174, 176 (1955). CASE ANNOTATIONS 1. Cited; deed executed before this section enacted construed. Schlemeyer v. Mellencamp, 159 Kan. 544, 547, 156 P.2d 879. 2. Deed construed; rule in Wild's case before section enacted held inapplicable. Epperson v. Bennett, 161 Kan. 298, 306, 167 P.2d 606. 3. Deed construed; conveyed life estate with vested remainders; "bodily heirs" construed. Waite v. Schmidt, 173 Kan. 353, 356, 245 P.2d 975. 4. Will found to violate the common-law rule against perpetuities and the allied rules against limitation upon alienation and unlawful accumulation; invalid provision stricken and will upheld. In re Estate of Foster, 190 Kan. 498, 376 P.2d 784. 5. Cited in holding Kansas probate code does not abrogate common law in state; presumption of revocation recognized. In re Estate of Mettee, 10 Kan. App. 2d 184, 186, 694 P.2d 1325 (1985). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026