Courts v. Courts' Guardian

Opinion op the Court .by

Judge Willis

— Affirming,

Malón Courts died testate in December, 1913, and his will was probated at the February, 1914, term of the Logan county court. He devised to his greatnephew and namesake, Malón Clay Courts, the E. W. Courts home stead, situated on Slain street in Russellville, Ky., with a restraint on the alienation thereof to the effect that the homestead was not to be sold “out of the name Courts.” Thé devisee is an infant, and this action was instituted by his guardian for a declaration of rights and a construction of the will. The circuit court adjudged that…