Legal Opinion

Rawlings v. McRoberts

Court of Appeals of Kentucky

Decided March 8, 1894PublishedCited by 14 opinions

Case 81-PETITION EQUITY APPEAL PROM PLEMING CIRCUIT COURT. 1. Whether a writing is a deed or a will depends upon the intention of the maker to he gathered from the instrument as a whole. (Simon v. Wildt, 84 Ky., 183 ; Phillips, &c., v. Thomas Lumber Co., 94 Ky.; Habersham v. Vincent, 2 Ves.

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Case 81-PETITION EQUITY APPEAL PROM PLEMING CIRCUIT COURT. 1. Whether a writing is a deed or a will depends upon the intention of the maker to he gathered from the instrument as a whole. (Simon v. Wildt, 84 Ky., 183 ; Phillips, &c., v. Thomas Lumber Co., 94 Ky.; Habersham v. Vincent, 2 Ves. Jr., 231.) 2. The various provisions of the instrument in question here show that neither the title nor the possession was to vest until the maker’s death, and therefore that a will and not a deed was intended. (Turner v. Scott, 51 Pa. St., 12G; Leaver v. Gauss, 62 Iowa; Hazelton v. Reed, 32 Cent. L. J.,…

1Opinion of the Court

JHDGÉ HAZELRIGG

delivered the opinion of the court.

The sole question to be determined on this appeal is whether the following instrument is a deed or a will:

“.This deed of conveyance made and entered into this 6th day of April, 1891, by and between Austin Rawlings, of Fleming County, Ky., of the first part, and Thomas R. McRoberts, William McRoberts, John McRoberts, James McRoberts and George McRoberts, of Fleming County, Ky., of the second part, witnesseth: That whereas Austin»Rawlings, a bachelor now advanced in years, has numerous kinspeople; and whereas, in view of theuneer*348tainty of life,…

2Cited by14 opinions

  1. Hunt v. HuntCourt of Appeals of Kentucky · 1904
  2. Worley v. Empire Gas & Fuel Co.Texas Supreme Court · 1937
  3. Taylor v. PurdyCourt of Appeals of Kentucky · 1912
  4. Vaughn v. MetcalfCourt of Appeals of Kentucky (pre-1976) · 1938
  5. Floyd v. Christian Church Widows & Orphans HomeCourt of Appeals of Kentucky (pre-1976) · 1943

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