Strom v. Wood

In Strom v. Wood, 100 Kan. 556, 164 P. 1100 (1917), the decedent willed certain property to his wife for life, but if she remarried or became incapable of looking after the property, the property was to be distributed according to the law of descents and distributions. Six years after the decedent's death, a creditor executed against one of the decedent's children, H.C. Strom. H.C. filed a formal disclaimer, stating that he declined to accept any interest in the real estate involved. In determining that H.C. was precluded from disclaiming, our Supreme Court stated: "The devise being beneficial, the presumption of acceptance having existed for more than six years, the interest being the present vested estate belonging to H.C., it could not be maintained had H.C. died during this time without renouncing or disclaiming, that this estate did not descend and pass like other property owned by him." 100 Kan. at 561.