Carr v. Estill
Court of Appeals of Kentucky
APPEAL FROM FAYETTE CIRCUIT. The facts of the case are fully stated in the opinIon of the eourt. — Rep. The clause of the will out of which this controversy arises is in these words: “All the remainder of my property, real and personal and mixed, I now have, or may have, or may be coming to me, of every kind and description, I give to my beloved wife to do with as she pleases, except the land I now own; that part or parcel where my house sets, together with the portion cut…
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APPEAL FROM FAYETTE CIRCUIT. The facts of the case are fully stated in the opinIon of the eourt. — Rep. The clause of the will out of which this controversy arises is in these words: “All the remainder of my property, real and personal and mixed, I now have, or may have, or may be coming to me, of every kind and description, I give to my beloved wife to do with as she pleases, except the land I now own; that part or parcel where my house sets, together with the portion cut off by the turnpike and adjoining George Clark’s, I bequeath to Amanda F. Estill, and at her death to her son, Robert F.…
1Opinion of the Court
Judge Crensiiaw
delivered the opinion of the Court.
Clifton R. Ferguson, on the 28th day of September, 1847, made a will by which he devised “to Mary Baker Didlake and her children,” a tract of land in the county of Fayette. At the time of this devise, the devisee was unmarried, and without children. She has since married and has one child, and her husband, Carr, having sold the land to Estill,'and his wife being willing to unite with him in conveying the land, the question is presented whether Carr and wife can convey an absolute fee simple estate in the land to the purchaser.
It is stated in…
2Cited by11 opinions
- Hall v. WrightCourt of Appeals of Kentucky · 1905
- McFarland v. HatchettCourt of Appeals of Kentucky · 1904
- Moran v. DillehayCourt of Appeals of Kentucky · 1871
- Biggs v. McCartyIndiana Supreme Court · 1882
- Johnson v. JohnsonCourt of Appeals of Kentucky · 1859
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