Spencer v. Milliken

Opinion by

Judge Hargis:

Dr. Spencer, having devised to his widow and son lots No. 23 and 43, in Franklin, Ky., for “their support and maintenance,” requiring them to be sold together if a sale should ever be deemed proper or advisable, died in the year 1857, and his executor brought suit in equity to sell lot No. 23 for the payment of debts, making the devisees defendants. A decree was rendered September 16, 1859, and the lot was sold by a commissioner of the court on the 17th of October next ensuing, and the widow became the purchaser and executed bond for the purchase-price with the…