McCallister v. Bethel
Court of Appeals of Kentucky
Case 1 — PETITION EQUITY APPEAL PROM HENDERSON CIRCUIT COURT. Joseph McCallister took a defeasible fee and not a life estate merely. Where an estate is given to a person generally or indefinitely withapowerof disposition, it-carries a fee, and the onlyexception to the rule is where the testator gives to the first taker an estate for life only by certain and express words and annexes to it a power of disposal.
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Case 1 — PETITION EQUITY APPEAL PROM HENDERSON CIRCUIT COURT. Joseph McCallister took a defeasible fee and not a life estate merely. Where an estate is given to a person generally or indefinitely withapowerof disposition, it-carries a fee, and the onlyexception to the rule is where the testator gives to the first taker an estate for life only by certain and express words and annexes to it a power of disposal. (Herbert v. Herbert, 85 Ky., 134; McCullough’s Adm’r v. Anderson, 90 Ky., 126; Jackson v. Robbins, 16 John.,587; Caleb v. Field, 9 Dana, 347; Coats’ Ex’or v. L. & N. R Co., 929 Ky. 263;…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of tiie court.
Ben Talbot owned a large estate and the appellee, Maria Bethel, is his only child. Joseph McCallister was his wife’s nephew, and a very improvident and intemperate man.
Joseph McCallister owned three good farms of about one hundred and fifty’ acres each. He became involved, principally by security debts, in amount approximating seven thousand dollars.
On the 2d day of August, 1877, in consideration of seven thousand dollars, all of which, except four hundred and two-dollars and ninety-eight cents, was to be applied to the payment of his debts,…
2Cases cited4 opinions
- McCullough's Adm'r v. AndersonCourt of Appeals of Kentucky · 1890
- Coats' Ex'r v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1891
- Herbert's Guardian v. Herbert's Ex'rCourt of Appeals of Kentucky · 1887
- Pate v. BarrettCourt of Appeals of Kentucky · 1834
3Cited by3 opinions
- O'Bryan v. EnglandCourt of Appeals of Kentucky · 1916
- Wood v. WoodCourt of Appeals of Kentucky · 1907
- Snively's Trustee v. SnivelyCourt of Appeals of Kentucky · 1915