Legal Opinion

Williams v. Duncan

Court of Appeals of Kentucky

Decided October 15, 1891PublishedCited by 17 opinions

Case 24 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The word “ children ” as used by the testator in the sixth and seventh clauses of his will was intended as a synonym for the word “heirs.” (Tyler v. Tyler, 5 Ky.

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Case 24 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The word “ children ” as used by the testator in the sixth and seventh clauses of his will was intended as a synonym for the word “heirs.” (Tyler v. Tyler, 5 Ky. Law Kep., 936; Harper v. Wilson, 2 Mar., 466; Turner v. Patterson, 5 Dana, 295; Williamson v. Williamson, 18 B. M., 376; Sheets v. Grubbs, 4 Met., 341; Hopson v. Shipp, 7 Bush, 644; Lochland v. Downing, 11 B. M., 34; Hughes v. Hughes, 12 B. M., 121; Johnson v. Johnson, 2 Met., 33-5; Churchill v. Churchill, 2 Met., 469; Dunlop v. Shreve, 2 Duv., 334; Feltman v.…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OE THE COURT.

In 1883, appellants, five of them sons of D. M. Williams, Sr., and two sons of Oscar and Frances M. Finley, all being then infants, brought an action by their guardians, D. M. Williams, Sr., and Oscar Finley, against Levi Tyler and Mary E. Tyler for a sale and division, under section 490, Civil Code, of a lot of land devised by the 6th clause of the will of their grandfather, William 0. Williams, as follows: “ The remainder of my property on Fifth street, between Main street and the river, in the city of Louisville, I give and devise to my…

2Cited by17 opinions

  1. Harkness v. LisleCourt of Appeals of Kentucky · 1909
  2. McFarland v. HatchettCourt of Appeals of Kentucky · 1904
  3. Hood v. DawsonCourt of Appeals of Kentucky · 1895
  4. Virginia Iron, Coal & Coke Co. v. DyeCourt of Appeals of Kentucky · 1912
  5. Naville ex rel. Page v. American Machine Co.Court of Appeals of Kentucky · 1911

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