Brooks v. Olson

In Brooks v. Olson, 170 Kan. 138, 223 P.2d 721 (1950), the decedent specifically devised his surviving wife's land to his children by an earlier marriage, subject to the wife's life estate. The Brooks court held: "Where a testator devises property, title to which is held by his wife, and she gives her written consent to such testamentary disposition of it, the wife thereby in effect renounces her right of ownership in the devised property . . . ." 170 Kan. at 144.